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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CaseChat Overview and Summary

The Australian Workers' Union initiated proceedings against the Minerals and Metal Group, bringing to the attention of the Fair Work Commission an alleged dispute involving Clause 21 – Hours of Work and Clause 36 – Grievance/Dispute Resolution Procedure. The union contended that the employer failed to adhere to the agreed terms regarding working hours and the established procedure for handling grievances. The commission was tasked with resolving these issues and determining whether any breaches had occurred.

The primary legal issues before the commission were whether the employer had contravened the terms of the employment agreements concerning working hours and the grievance/dispute resolution procedure. The union argued that the employer had not only failed to comply with the stipulated working hours but had also disregarded the procedural requirements set out in Clause 36. The employer, in turn, contended that the union's claims were unfounded and that all actions were in accordance with the agreed terms.

The commission meticulously reviewed the terms of the agreements and the evidence presented by both parties. It found that the employer did not adhere to the agreed working hours and had not followed the proper grievance/dispute resolution procedure. The commission concluded that the employer's actions constituted breaches of the employment agreements. As a result, the union's claims were upheld, and the commission issued orders mandating the employer to comply with the terms of the agreements going forward.

Australian Workers' Union, The v Minerals and Metal Group

STATEMENT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established