1
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
CQ Industries Pty Ltd T/A CQ Field Mining Services
(AG2014/8359)
CQFMS ENTERPRISE AGREEMENT 2014
Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON MELBOURNE, 15 DECEMBER 2014
Application for approval of the CQFMS Enterprise Agreement 2014.
[1] An application has been made for approval of an enterprise agreement known as the
CQFMS Enterprise Agreement 2014 (the Agreement). The application was made pursuant to
s.185 of the Fair Work Act 2009 (the Act). It has been made by CQ Industries Pty Ltd T/A
CQ Field Mining Services. The agreement is a single-enterprise agreement.
[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this
application for approval have been met.
[3] My satisfaction as to s.186 is subject to a written undertaking, provided in relation to
concerns raised by me in respect of approval of the Agreement, which is attached to this
Decision as Annexure A. In accordance with s.191(1)(b) of the Act the undertaking is taken to
be a term of the Agreement. A copy of the undertaking is attached to the Agreement.
[4] In my view, the Consultation Mechanisms provision in Part VII(a)–Workplace change
– Consultation Requirements of the Agreement is not a consultation term which meets the
requirements of ss.205(1)(a)(ii) and (1A) of the Act, insofar as it does not include the terms
concerning consultation about a change to an employee’s regular roster or ordinary hours of
work. These terms were introduced into the Act by Items 20 and 21 of Part 4 (Consultation
about changes to rosters or working hours) of Schedule 1 (Family–friendly measures) of the
Fair Work Amendment Act 2013 (the Amendment Act). Those amendments operate in relation
to an enterprise agreement that is made after the commencement of Part 4 of Schedule 1 on 1
January 2014 (See clause 5(2) of Item 1 of Schedule 7 (Application and transitional
provisions) of the Amendment Act).
[5] Section 205(2) of the Act provides that if an “enterprise agreement does not include a
consultation term, the model consultation term is taken to be a term of the agreement”. The
model consultation term is found in Schedule 2.3 of the Fair Work Regulations 2009.
[6] As required by s.201(1)(a)(ii) of the Act, I note that the model consultation term is
taken, under s.205(2), to be a term of the Agreement.
[2014] FWCA 8996
DECISION
E AUSTRALIA FairWork Commission
[2014] FWCA 8996
2
[7] The Agreement is approved and, in accordance with s.54, will operate from
22 December 2014. The nominal expiry date of the Agreement is 14 December 2016.
SENIOR DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
Price code G, AE411738 PR558939
[2014] FWCA 8996
3
Annexure A
Employer's Undertaking
In respect of: COFMS Enterprise Agreement 2014: FWC Ref AG2014/8359 As a person authorised to sign documents and give undertakings on behalf ofthe employer in this matter, I give the following undertakings, in which the expression "the relevant award" means the award which would have applied to the employment of the particular employee in the event that this Enterprise Agreement were not in force: "CQ Industries Pty Ltd undertakes that any flexibility arrangement entered into by the employer and an employee, including any agreement as contemplated by the terms of Part I (c) and (d) and Part Ill (a), (d) and (e) of the Agreement, however described, will conform with the Fair Work Act and the terms of Part VII (b) of the Agreement." "CQ Industries Pty Ltd undertakes that the ordinary hours of work will be in accordance with the relevant Award, for example, work related to the day to day operation of a coal mine will be subject to a 35 hour
week and will include penalties and loadings in accordance with the hours of work provisions under that award including weekend penalty rates." "CQ Industries Pty Ltd undertakes that it will apply the ordinary time definition of the relevant awards in calculating the loadings, penalties and allowances to which the employees are entitled." "CQ Industries Pty Ltd undertakes that the Better Off Overall Test Guarantee at Part I (d) of the Enterprise Agreement will be applied to all employment arrangements, whether flat rate or otherwise, and will include application of all award entitlements." "CQ Industries Pty Ltd undertakes that Part VI b) (1) of the Enterprise Agreement was not intended to reduce an employee's entitlement to the payment of notice on termination, and that this clause will not be applied in that fashion. The employer reiterates that the Enterprise Agreement provides that the National Employment Standards always prevail, and also confirms that the Enterprise Agreement in no way applies to change the definition or requirements in relation to "serious misconduct" or to diminish the rights of employees thereby."
retaining money for training costs or uniform items." Signature: - Jason Smith, Director 8th December 2014 Page 1 of1
