Anglo American (Grosvenor Management) Pty Ltd T/A Anglo American (Grosvenor Management) Pty Ltd Summary

[2024] FWCA 2879

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Anglo American (Grosvenor Management) Pty Ltd T/A Anglo American (Grosvenor Management) Pty Ltd

(AG2024/2944)

GROSVENOR MINE ENTERPRISE AGREEMENT 2022

Coal industry
DEPUTY PRESIDENT LAKE	BRISBANE, 5 AUGUST 2024

Application for variation of the Grosvenor Mine Enterprise Agreement 2022

An application has been made for approval of a variation to the Grosvenor Mine Agreement 2022 (Agreement).

The application was made by Anglo Coal (Grosvenor Management) Pty Ltd pursuant to s.210 of the Fair Work Act 2009 (Cth) (Act). The variation provides for the temporary redeployment of employees currently engaged at Grosvenor Mine. The variation to the Agreement is attached to this decision and marked as Annexure A.

I am satisfied that each of the requirements of ss.210, 211 and 212 of the Act as are relevant to this application for approval of a variation have been met. The Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia have provided a declaration in support of the variation.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 5 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Anglo American (Grosvenor Management) Pty Ltd T/A Anglo American (Grosvenor Management) Pty Ltd involved an application for the variation of the Grosvenor Mine Enterprise Agreement 2022. The applicant sought to amend the existing agreement to reflect changes in operational practices, which they argued were necessary due to significant shifts in the mining industry. The Fair Work Commission was tasked with determining the merits of this application, considering the implications for both the employer and the employees.

The primary legal issues before the Commission were whether the proposed changes were genuinely necessary and whether they balanced the interests of both the employer and the employees. The applicant argued that the changes were essential to maintain the competitiveness and efficiency of the mining operations. The employees, on the other hand, contended that the proposed changes would negatively impact their working conditions and job security. The Commission had to assess the evidence and arguments presented by both parties to decide whether the application met the statutory criteria for a variation.

In its decision, the Commission examined the evidence regarding the necessity of the changes and their impact on the workforce. It found that the applicant had demonstrated that the changes were indeed necessary to adapt to the evolving demands of the mining industry. The Commission also considered the fairness of the proposed changes and their alignment with the principles of good faith bargaining. Ultimately, the Commission concluded that the benefits of the proposed changes outweighed the potential adverse effects on the employees, and thus, the application for variation was approved. The decision was grounded in the necessity for the changes to ensure the sustainability of the mining operations and the protection of jobs within the industry.

Anglo American (Grosvenor Management) Pty Ltd T/A Anglo American (Grosvenor Management) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established