Construction, Forestry, Maritime, Mining and Energy Union v Centennial Airly Pty Limited

[2019] FWC 6574

[2019] FWC 6574

FAIR WORK COMMISSION

RECOMMENDATION

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

Construction, Forestry, Maritime, Mining and Energy Union
v
Centennial Airly Pty Limited
(C2019/5349)

COMMISSIONER CAMBRIDGE SYDNEY, 25 SEPTEMBER 2019

Alleged dispute about any matters arising under the enterprise agreement and the NES;[s186(6)].

[1] The Commission makes this Recommendation to settle a dispute between the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and Centennial Airly Pty Limited (Centennial). The dispute concerns a variation of the Production Incentive Scheme.

[2] The Production Incentive Scheme is set out at Appendix 3 of the Airly Mine Enterprise Agreement 2018 (the Agreement). The effect of clause 8 of Appendix 3 of the Agreement is that upon any one of the triggers in clause 8 being satisfied, Centennial may vary the Production Incentive Scheme.

[3] In the proceedings before the Commission, the CFMMEU contended that none of the triggers had been satisfied and consequently Centennial could not vary the Production Incentive Scheme. Centennial contended that each of the triggers had been satisfied and consequently a variation was permitted.

[4] The Commission notes that following a Conference held on 5 September 2019, the Parties have participated in further meetings regarding a variation to the Production Incentive Scheme.

[5] After hearing further from the Parties on 20 September 2019, and in order to resolve this dispute, the Commission recommends that:

a) A trial of the varied Production Incentive Scheme is undertaken for the period from 16 September 2019 to 31 December 2019. The Production Incentive Scheme to be the subject of the trial is to reflect Centennial’s original proposal with amendments made to clause 4.3 (the divisor) and clause 9 (relocation), as discussed between the Parties.

b) The Parties hold further discussions at the conclusion of the trial to ensure that a varied Production Incentive Scheme reflects the intention of the Scheme (see clause 2 of Appendix 3 of the Agreement).

COMMISSIONER

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