Australian Workers' Union, The v Minerals and Metal Group

[2016] FWC 7473

[2016] FWC 7473

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009
s.739 - Application to deal with a dispute

Australian Workers' Union, The
v
Minerals and Metal Group
(C2016/5954)

COMMISSIONER LEE MELBOURNE, 17 OCTOBER 2016

Alleged dispute concerning Clause 21 - Hours of Work and Clause 36 - Grievance/Dispute Resolution Procedure.

[1] This matter involves a dispute between The Australian Workers’ Union (the AWU) and Minerals and Metal Group (MMG). The AWU have notified a dispute in relation to the MMG Rosebery Mine – Underground Agreement 2015 (the Agreement) pursuant to s.739 of the Fair Work Act 2009 (the Act). The dispute related to a secret ballot that was conducted by MMG to determine if a majority of affected employees from the mining operations crews agreed to a proposal to alter shift roster patterns from 4 on/4 off to 7 on /7 off.

[2] This dispute was the subject of a conference before me today. After hearing from the parties at the conference I determined to issue this statement about the circumstances surrounding the dispute. The parties advised me during the conference that they agree with the terms in this statement and will apply its terms as relevant in the workplace.

1. The vote conducted to gauge agreement for a proposed 7:7 roster wrongly included the civil/services crew employees whose roster will not be affected by a change to a 7:7 roster.

2. Notwithstanding the error of including the civil/services crew it is apparent on the material before me that a majority of affected employees have voted in support of the proposed 7:7 roster. Therefore, MMG is able to proceed with the proposed change to the roster in accordance with the Agreement.

3. If there is a proposal in the future to alter shift roster patterns for the civil/services crew. MMG confirm that this will only occur if a majority of the employees affected agree, consistent with clause 21.8(b) of the agreement.

4. The company agree that any proposal to alter shift roster patterns for the maintenance department employees in the future would be the subject of a secret ballot in order to determine if a majority agree with the proposed change consistent with clause 21.8(b) of the agreement.

COMMISSIONER

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