[2026] FWCFB 44
Citation: [2026] FWCFB 44
What happened
The Construction, Forestry and Maritime Employees Union (MUA) appealed a Fair Work Commission decision concerning public holiday pay for shiftworkers at Sydney International Container Terminals Pty Limited (SICTL). The dispute arose when a union member, Ross Pettett, was not paid the ordinary rate for a public holiday while rostered off. The Deputy President had ruled that SICTL was not obligated to pay shiftworkers this rate. The core issue was whether a clause in the Stevedoring Industry Award 2020, regarding payment for shiftworkers rostered off on public holidays, was incorporated into the Hutchison Ports Australia and MUA Enterprise Agreement 2021.
What was decided
The Fair Work Commission Full Bench allowed the MUA’s appeal. The bench found that the Deputy President did not need to obtain permission to appeal. They considered that clause 14.6.2 of the Enterprise Agreement allows appeals without requiring prior permission. The bench did not rule on the substantive issue of whether the Stevedoring Industry Award 2020 was incorporated into the Enterprise Agreement, but indicated that the Deputy President’s reasoning regarding the Agreement’s construction was flawed. The case was remitted back for further consideration.
What it means for employers
Employers should carefully review how they incorporate awards into enterprise agreements. The Full Bench’s decision highlights the importance of clearly defining the scope of incorporation and considering whether incorporated award provisions are intended to supplement or replace agreement provisions. A failure to do so could lead to disputes over employee entitlements.
What it means for employees
Employees should be aware of their rights under both enterprise agreements and relevant awards. If there is a disagreement about entitlements, employees can appeal decisions made by the Fair Work Commission.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwcfb44.pdfWant more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →