Grange Resources (Tasmania) Pty Ltd

[2023] FWCA 3063

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Grange Resources (Tasmania) Pty Ltd

(AG2023/3151)

GRANGE RESOURCES TASMANIA PTY LTD ENTERPRISE AGREEMENT 2023

Mining industry
COMMISSIONER WILSON	MELBOURNE, 21 SEPTEMBER 2023

Application for approval of the Grange Resources Tasmania Pty Ltd Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Grange Resources Tasmania Pty Ltd Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Grange Resources (Tasmania) Pty Ltd. The Agreement is a single enterprise agreement.

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.

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.

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 given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 September 2023. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Grange Resources (Tasmania) Pty Ltd recently applied to the Fair Work Commission for approval of the Enterprise Agreement 2023. The agreement was negotiated between the company and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union. The application was made under the Fair Work Act 2009, which mandates the Commission's assessment of enterprise agreements for compliance with procedural and substantive fairness standards.

The primary legal issues for the Commission's determination were whether the agreement was genuinely negotiated, and whether it met the substantive fairness criteria outlined in the Act. The Commission examined the negotiation process and the terms of the agreement to ensure that it was not only procedurally sound but also fair in its substance. The Commission considered whether the agreement provided for reasonable terms and conditions of employment, including wages, hours of work, leave entitlements, and other benefits.

In its decision, the Commission found that the agreement was genuinely negotiated and met the requirements for procedural fairness. It also concluded that the agreement was substantively fair, as it provided for reasonable terms and conditions of employment, and did not disadvantage employees in comparison to the applicable awards and regulations. The Commission approved the agreement, acknowledging the parties' efforts to reach a fair and balanced outcome.

The Commission's decision to approve the Grange Resources Tasmania Pty Ltd Enterprise Agreement 2023 reflects its commitment to facilitating fair and effective workplace agreements. By ensuring that the agreement met both procedural and substantive fairness standards, the Commission has upheld the principles of the Fair Work Act 2009, and provided a balanced outcome for both the employer and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established