Giacci Bros Prominent Hill Operations Collective Employment Variation Agreement 2009
[2011] FWA 7095
•14 OCTOBER 2011
[2011] FWA 7095 |
|
REASONS FOR DETERMINATION |
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 10 - Application to vary transitional instrument to remove ambiguity
Giacci Bros Pty Ltd
(AG2011/2298)
Bulk materials cartage contractor | |
COMMISSIONER CLOGHAN | PERTH, 14 OCTOBER 2011 |
Giacci Bros Prominent Hill Operations Collective Employment Variation Agreement 2009.
[1] On 31 August 2011, Giacci Bros Pty Ltd (“the Employer”) made application to Fair Work Australia to vary a transitional instrument to remove its alleged ambiguity or uncertainty.
[2] The transitional instrument is the:
- Giacci Bros Prominent Hill Operations Collective Employment Variation Agreement 2009 (“the Agreement”).
[3] The application was made pursuant to Item 10 of Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
[4] The application was heard and determined on 10 October 2011.
[5] At the hearing, the Employer was represented by Mr G McCorry, Agent for the Applicant. Mr D B McMurtie, Drivers’ Representative represented the relevant employees.
[6] Mr McCorry submitted that the application had arisen from a dispute in 2010 at the Employer’s Prominent Hill operations. Prominent Hill was described as in the middle of the South Australian desert. The employees work on a fly in-fly out basis with a roster of two weeks on and one week off.
[7] Pursuant to Part 8 - Dispute Settlement Procedure of the Agreement, the dispute was referred to an independent arbitrator who addressed the issue in dispute, but also raised a number of further matters which should be clarified in the Agreement. All these matters were the subject of further discussion between the Employer and the relevant employees and their representative.
[8] Mr McMurtie advised the Tribunal that the employees had worked through the matters that required clarification and that the variations are consistent with satisfactorily addressing the uncertainty of the disputed issues in the Agreement.
[9] I am satisfied from the submissions of Mr McCorry and Mr McMurtie, that uncertainty existed within Parts 4 and 6 of the Agreement relating to remuneration and leave entitlements and that the proposed variations will remove that uncertainty. It is for these reasons that I made Determination PR515735 which will operate, by consent, from the date when the Agreement became operative.
COMMISSIONER
Appearances:
G McCorry for the Applicant.
D B McMurtie for the Employees.
Hearing details:
2011:
Perth,
10 October.
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<Price code A, AC328279 PR515776 >
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