Quarry & Mining Manufacture (Qld) Pty Ltd Summary

[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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CaseChat Overview and Summary

Quarry & Mining Manufacture (Qld) Pty Ltd brought an application for approval of the QMM Remote Mine Site Enterprise Agreement 2013. The matter was heard in the Fair Work Commission, which was required to determine whether the agreement met the requirements of the Fair Work Act 2009. The central legal issue was whether the agreement complied with the statutory provisions governing enterprise agreements, including the need for genuine bargaining and the provision of information to employees.

The Commission examined the evidence regarding the process of bargaining and whether the agreement reflected genuine bargaining between the employer and employees. It also assessed whether the agreement contained all the mandated terms and conditions and whether it met the criteria for simplicity, clarity, and accessibility. After reviewing the submissions and evidence, the Commission determined that the agreement was properly negotiated and contained all the required terms and conditions. The Commission concluded that the agreement satisfied the legal requirements for approval under the Fair Work Act.

Consequently, the Commission approved the QMM Remote Mine Site Enterprise Agreement 2013. The decision emphasised the importance of ensuring that enterprise agreements reflect genuine bargaining and meet all statutory requirements. The approval of the agreement was based on the evidence presented, demonstrating that it met the legislative criteria.

Quarry & Mining Manufacture (Qld) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established