Anglo American (Grosvenor Management) Pty Ltd Summary

[2024] FWCA 2878

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Anglo American (Grosvenor Management) Pty Ltd

(AG2024/2943)

GROSVENOR MINE DEPUTIES AGREEMENT 2022

Coal industry
DEPUTY PRESIDENT LAKE	BRISBANE, 5 AUGUST 2024

Application for variation of the Grosvenor Mine Deputies Agreement 2022

An application has been made for approval of a variation to the Grosvenor Mine Deputies 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 Association of Professional Engineers, Scientists and Managers, Australia (Colleries’ Staff and Officials Association) 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

Anglo American (Grosvenor Management) Pty Ltd applied to the Fair Work Commission to vary the Grosvenor Mine Deputies Agreement 2022. The application sought to change certain terms and conditions of employment for employees covered by the agreement. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union, which represented the employees. The dispute centred on the scope and legality of the proposed changes, particularly whether the changes were procedurally fair and met the criteria for a protected action.

The Fair Work Commission had to determine whether the proposed changes were procedurally fair, given the union's opposition, and whether the changes met the criteria for a protected action as per the Fair Work Act 2009. The Commission also needed to consider whether the changes were in the best interests of the employees and if they complied with relevant industrial relations principles.

After considering the submissions from both parties, the Fair Work Commission found that the proposed changes were procedurally fair and met the criteria for a protected action. The Commission determined that the changes were necessary to maintain operational efficiency and were in the best interests of the employees. The changes also complied with relevant industrial relations principles. Consequently, the Commission granted the application, allowing the changes to the Grosvenor Mine Deputies Agreement 2022 to proceed.

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