Quarry & Mining Manufacture (Qld) Pty Ltd

[2013] FWCA 4192

[2013] FWCA 4192

FAIR WORK COMMISSION

DECISION

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

Quarry & Mining Manufacture (Qld) Pty Ltd
(AG2013/6901)

QMM REMOTE MINE SITE ENTERPRISE AGREEMENT 2013

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

Application for approval of the QMM Remote Mine Site Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the QMM Remote Mine Site 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. In the event that clause 12.3 comes into effect, the Company will enter into an arrangement with employees in relation to transport and/or meals and/or accommodation (as the case may be). Any such arrangement must ensure that working under the agreement are, taken as a whole, not financially disadvantaged as compared to the award.

2. The calculations for maximum hours of work on a particular roster period are based on employees working a maximum of 13 consecutive 12 hour days”

[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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