Quarry & Mining Manufacture (Qld) Pty Ltd

[2013] FWCA 4196

[2013] FWCA 4196

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Quarry & Mining Manufacture (Qld) Pty Ltd
(AG2013/6902)

QMM OLYMPIC DAM 5/4 MAINTENANCE ROSTER ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 27 JUNE 2013

Application for approval of the QMM Olympic Dam 5/4 Maintenance Roster Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the QMM Olympic Dam 5/4 Maintenance Roster Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Quarry & Mining Manufacture (Qld) Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The employer has provided undertakings in the following terms:

“1. The Company will not seek to enter into arrangements pursuant to clause 12.5.

2. The calculations for maximum hours of work on a particular roster period are based on:

a. In the case of a Tradesperson or Supervisor, a maximum of 13 consecutive 13 hour shifts,

b. In the case of a Labourer, a maximum of 13 consecutive 12 hour shifts.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment A.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2013. The nominal expiry date of the Agreement is 4 July 2017.

SENIOR DEPUTY PRESIDENT

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