The union has fought court battles over overtime involving a complex roster system at the huge Hay Point coal terminal.
The union has fought court battles over overtime involving a complex roster system at the huge Hay Point coal terminal. File

Big union's port overtime battle

A MAJOR union has won an appeal about overtime at a coal terminal.

The Federal Court on Tuesday upheld an appeal from the CFMMEU over rosters at Hay Point near Mackay.

About 75 employees are affected.

The union said a roster was engineered to make staff work 455 overtime hours a year, or 8.7 hours a week.

But some arguments about overtime will still have to be resolved in court.

The Federal Court examined how the Fair Work Act impacted the agreement workers had with Hay Point Services.

Tuesday's judgment followed a March court decision which went against the union.

The union appealed, claiming Justice Berna Collier did not consider whether Hay Point's requirement workers do 455 overtime hours a year was "unreasonable".

Previously, the Federal Court heard Hay Point employees were working what was called the "five panel roster".

That involved working two days, then two nights, then a six-day break, but was changed.

The rosters involved variations of day shifts, breaks, and night shifts.

Now the Federal Court has allowed the union's appeal but has sent the case back to Justice Collier.

The court said she was "best equipped to resolve" the battle.

Formerly known as the CFMEU, the union has been at loggerheads with Hay Point Services before, over issues including proposed redundancies in 2016.

The Hay Point terminal ships coal from Queensland's Bowen Basin. -NewsRegional

News Corp Australia


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