DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Grange Resources (Tasmania) Pty Limited
(AG2020/519)

GRANGE RESOURCES TASMANIA PTY LTD ENTERPRISE AGREEMENT 2020

Mining industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 APRIL 2020

Application for approval of the Grange Resources Tasmania Pty Ltd Enterprise Agreement 2020

[1] Grange Resources (Tasmania) Pty Limited has made an application for approval of an enterprise agreement known as the Grange Resources Tasmania Pty Ltd Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The Australian Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) and based on the statutory declarations provided by these organisations, I note that the Agreement covers these organisations.

[5] The Agreement was approved on 14 April 2020 and, in accordance with s 54, will operate from 21 April 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application by Grange Resources (Tasmania) Pty Limited to have the Enterprise Agreement 2020 approved by the Commission. The dispute involved the standard terms and conditions of employment for the company’s employees and the implications of the proposed agreement on their rights and obligations. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The central legal issues revolved around whether the agreement was made in good faith, whether it contained the minimum terms and conditions as prescribed by the Fair Work Act, and whether it complied with the procedural fairness requirements. Additionally, the Commission had to assess if the agreement facilitated, promoted or improved the terms and conditions of employment and whether it allowed for proper representation of employees’ interests.

In reaching its decision, the Commission considered the evidence and submissions provided by both parties. It found that the agreement was made in good faith and contained the necessary minimum terms and conditions as per the Fair Work Act. The Commission was also satisfied that the agreement had been made in accordance with procedural fairness requirements and that it facilitated, promoted, or improved the terms and conditions of employment. Furthermore, the Commission determined that the agreement allowed for proper representation of the employees’ interests. Consequently, the Commission approved the Enterprise Agreement 2020.

The Fair Work Commission approved the Enterprise Agreement 2020, effective from the date of the decision. The agreement was to apply to all employees covered by the agreement, and the Commission ordered that the agreement be registered in the Fair Work Commission’s Register of Approved Agreements. The decision also mandated that the company provide a copy of the approved agreement to the Fair Work Ombudsman and any affected employees who had not already received it.

Grange Resources (Tasmania) Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established