Maritime Union of Australia v Geraldton Port Authority [2000] FCA 68

Maritime Union of Australia v Geraldton Port Authority [2000] FCA 68

The Court settled final orders requiring the Geraldton Port Authority to remedy its s 298K contravention by making the employees' labour available for hire to stevedores and rostering and classifying them as irregular shift workers, while removing uncertain wording such as "on the same basis" and "as existed prior to 3 July 1998". The remedial compensation order was confined to overtime loss, calculated by reference to the difference between overtime paid and a mean average calculation using 1.5 times the employee's ordinary pay for 24 hours overtime per calendar month from 27 March 1999 to the date the orders take effect. The orders include terminating events and take effect in 28 days.

Jurisdiction
Australia
Judgment Date
10 February 2000
Procedural Posture
Industrial Law Proceeding Concerning Prejudicial Alteration of Employees' Position by Prospective Reduction of Overtime / Settlement of Final Orders After Written Submissions on Proposed Orders
Outcome
Final orders made in the attached form; the application otherwise dismissed.
Legal Topics
['prejudicial Alteration of Employment Position' 'overtime Entitlements' 'final Form of Orders' 'remedial Orders' 'rostering and Classification of Irregular Shift Workers']
['industrial Law' 'workplace Relations'] ['prejudicial Alteration of Employment Position' 'overtime Entitlements' 'final Form of Orders' 'remedial Orders' 'rostering and Classification of Irregular Shift Workers']

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Procedural Posture

Industrial Law Proceeding Concerning Prejudicial Alteration of Employees' Position by Prospective Reduction of Overtime / Settlement of Final Orders After Written Submissions on Proposed Orders

Legal Issues

  1. 1 ['Whether proposed Order (2)(a) should include the words "on the same basis" and references to the position prior to 3 July 1998.' 'Whether proposed Order (3) should identify events ending the operation of Order (2), including lawful cessation of making labour available for hire to stevedores.' 'Whether proposed Order (4) should calculate monetary relief by reference to overtime only and to the date the order takes effect.' 'Whether final orders should take effect in 28 days rather than 14 days.']

Ratio Decidendi

The Court settled final orders requiring the Geraldton Port Authority to remedy its s 298K contravention by making the employees' labour available for hire to stevedores and rostering and classifying them as irregular shift workers, while removing uncertain wording such as "on the same basis" and "as existed prior to 3 July 1998". The remedial compensation order was confined to overtime loss, calculated by reference to the difference between overtime paid and a mean average calculation using 1.5 times the employee's ordinary pay for 24 hours overtime per calendar month from 27 March 1999 to the date the orders take effect. The orders include terminating events and take effect in 28 days.

Court Disposition

Final orders made in the attached form; the application otherwise dismissed.

Orders

  • ['The contravening conduct for the purpose of the orders is the contravention of s 298K of the Workplace Relations Act by the first respondent, altering the position of the second applicants and MUA members in their employment to their prejudice for a prohibited reason by prospectively reducing their entitlement to...