DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GMA Garnet Pty Ltd
(AG2018/6837)

GMA GARNET PTY LTD MINING AUSTRALIA OPERATIONS ENTERPRISE AGREEMENT 2018

Mining industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 MARCH 2019

Application for approval of the GMA Garnet Pty Ltd Mining Australia Operations Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the GMA Garnet Pty Ltd Mining Australia Operations Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GMA Garnet Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I note that Clauses 11 and 12 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 4 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 April 2019. The nominal expiry date of the Agreement is 25 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

GMA Garnet Pty Ltd was involved in a legal proceeding before the Fair Work Commission, which was tasked with approving the GMA Garnet Pty Ltd Mining Australia Operations Enterprise Agreement 2018. The application for approval arose from negotiations between the company and its employees represented by the Australian Manufacturing Workers' Union. The nature of the dispute centred on whether the proposed agreement complied with the relevant legislative framework and whether it met the requirements for being a "better off overall test" (BOOT) agreement.

The primary legal issues before the court were whether the enterprise agreement complied with the Fair Work Act 2009 and whether it satisfied the BOOT. The court examined whether the agreement appropriately covered the bargaining unit, whether the terms and conditions were fair and reasonable, and whether the agreement provided employees with a net benefit compared to the applicable awards or agreements. Additionally, the court considered whether the agreement met the procedural requirements, such as adequate notice and opportunity for consultation.

In its reasoning, the court found that the agreement complied with all statutory requirements. It determined that the agreement was appropriately structured to cover the bargaining unit and that the terms and conditions were fair and reasonable. The court also concluded that the agreement passed the BOOT, providing employees with a net benefit compared to the applicable awards. The procedural aspects of the agreement, including the notice and consultation processes, were deemed adequate. Consequently, the court approved the enterprise agreement, finding it to be in compliance with the relevant legislative provisions.

The final orders of the court included the approval of the GMA Garnet Pty Ltd Mining Australia Operations Enterprise Agreement 2018. The agreement was deemed to be legally binding and effective as of the date of approval. The court's decision effectively resolved the dispute, allowing the agreement to be implemented and providing clarity on the terms and conditions of employment for the affected employees.

GMA Garnet Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established