Quarry & Mining Manufacture (Qld) Pty Ltd

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Quarry & Mining Manufacture (Qld) Pty Ltd, sought approval of the QMM Olympic Dam 5/4 Maintenance Roster Enterprise Agreement 2013 from the Fair Work Commission. The applicant and the respondent, the Construction, Forestry, Maritime, Mining and Energy Union, had reached an agreement concerning rosters and conditions of employment for employees working under the agreement. The primary legal issues were whether the agreement met the requirements for approval under the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions of employment.

The Commission found that the agreement contained all the required provisions under section 234 of the Fair Work Act. The agreement provided for a roster that allowed for a 10-hour shift with a 24-hour rest period, and it addressed the conditions of employment comprehensively. The Commission also noted that the agreement included provisions for employee representation and consultation, which were essential components of a fair and reasonable agreement. Given that the agreement was the result of good-faith negotiations and it provided for fair and reasonable terms and conditions, the Commission was satisfied that the agreement met the statutory criteria.

As the agreement was found to be in compliance with the Fair Work Act and provided for fair and reasonable terms and conditions, the Commission approved the QMM Olympic Dam 5/4 Maintenance Roster Enterprise Agreement 2013. The approval was effective from the date of the Commission's decision and would apply to all employees covered by the agreement. The final orders included the approval of the enterprise agreement and the setting aside of any previous orders that were inconsistent with the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established