Cape Flattery Silica Mines Pty Ltd v The Amalgamated Metal Workers' Union of Employees Queensland and Another [1993] QIRC 32 (1993) 142 QGIG 344

344 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE (19 March, 1993 ##/f##/111 ,Wtll#lltl##llltl#lll##########ll#ll######ll#ll#####f#l#ll#ll##II# QUEENS L AND I NDUSTRIAL RELATIONS COMM ISS ION Industrial Re lations Act 1990 s. 10.4 - approval of industrial agreement Cape Flattery Sili ca Mines Pty . Ltd. AND Th e Amalgamated Metal Workers' Union of E mployees Queens land AND The Electrical T rade s Union of Emp loyees o f Australia, Quee nsland Branch (No. EB93002) CAPE FLATTERY Sll,ICA MINES IND US TRIAL AGREEMENT AUSTRALIAN IND U STRIAL RELA TIONS COMMISSION Industrial Relations Act /98 8 s. l I l (l)(b) - app li catio n for consent award Australian Mines and Metals Association Inc. AND The Austral ian Workers' Union (C No. 40/1 7 of 1993) CA PE F1..ATTERY Sll,ICA MINES AG REEMENT 1992 SENIOR DEPU T Y PRESIDENT KEOGH 11 February 1993 Enterprise Bargaining Agreement - Enterprise Bargaining Princi ple - Federal Co mmis sioner sitting in juri sd iction of State Commission - Parent Award - Term o f Operation - Agreement Approved - Applicat ion Granted . D EC IS ION The following d ec is ion was given m transcript at Brisba ne on 10 February 1993. This matter co ncems :- J. an application by Australian Mines and Metals Association (AMMA) on b ehalf of Ca pe Flattery Si lica Mi n es Pty. Ltd. and The Australian Workers' Union (A W U) for a co n sent award, pursuant to the requirements of the enterprise bargaining principle determined in t he October 1991 National Wage Case decision (Print K0300) and section I I I of t he Act; an d 2. an application by AMMA on behalf of Cape Flattery Si lica Mines Pty. Ltd . and the Automotive , Meta ls and Engineering Un ion {AM E U) and t he Electri cal Trades Union of Australia ( ETU) for approval of an agreement pursuant to section I 0.4 of the Jndustnal Relations A et I 990 (Queens land). The proposed new consent awa rd is designed to be read in conj unctio n with the Australian Workers' Union - Cape Flattery Silica Mines Pty. Ltd. Agreemen t 1985 (Print H3259 (A297l)(the parent agreement). 19 March, 1993] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE The prop osed State Agreement. which is also endor1;ed b y The Austral ian Wo rkers' Un ion of Emplo yees, Queensland, is dealt with by the Commissio n constitut ed p ur1;uant to the procedures provided in section 173 of the Act. That proposed agreem en t provides, inter al ia, that the members of AMEU and ETII while e mployed b y Cape Flatt ery Silica M in es Pty. Lt d. will have their terms and conditions of emp loyme nt governed by the pa rent agreement. except where those terms and condi tions are spe cifically varied by the proposed consent a ward and State Agreement. The agreemen ts which have led to the applications have resulted from lengthy negoti ati ons involving a single bargaining unit on which each of the unions and th e company were represented. They h ave be en accepted by the employees on site and represent an integrated pac k age whi ch provides changed working patterns and arrangements covering all relevant members of t he work force of the c ompany. On the material submitted by the parties, the C ommission is satisfied that the proposed conse nt award and the St.ate Agree ment meet the relevant legislat ive and wage fixation requiremen ts and, consequently, the award should be made and the ag reement approved. The n ew consent award, refl ecting the subst ance and intent of the appl ication, will operate on and from 10 Fehruary 1993 and will rema in in force for a period of t welv e months after which t ime ii w ill expire unless ren ewed by the parties. The part ies are requested to prepare and submit to the Com mission by close of business on 17 February 1993 a d raft consent awa rd to give effect to this decision. The State Ag reement wi ll also operate on and from JO February 1993 a nd rema in in force for a period of twelve months . By the Commission: M.B. KEOGH s~nior Deput y President. A ppearance s: - 1. Hardy of Australian Mines and Metals Association tog~ther with L. Ca t chpole on behalf of Cape Flattery Silica Min es Ply . Ltd. J. Ludw ig for The Aust ralian Workers' Union. J. Cam p for the Electrical Trades U nion of Australia. I. Mac L eod for the Au tomotive. Metals and Engineering Union . Operat ive Date: 10 February 1993 Decision - Cape Flattery Silica Mines Industrial Ag reeme nt Released: 4 March 1993 ##############t#/##########11###11#####11###########11######## 34 5 -- 1 of 1 --