DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Grange Resources (Tasmania) Pty Ltd
(AG2017/6163)

GRANGE RESOURCES TASMANIA PTY LTD ENTERPRISE AGREEMENT 2017

Tasmania
COMMISSIONER GREGORY	MELBOURNE, 26 APRIL 2018

Application for approval of the Grange Resources Tasmania Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Grange Resources Tasmania Enterprise Agreement 2017 (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.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A and Annexure B. 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 May 2018. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

Annexure B

CaseChat Overview and Summary

The applicant, Grange Resources (Tasmania) Pty Ltd, applied to the Fair Work Commission for approval of the Grange Resources Tasmania Enterprise Agreement 2017. The dispute arose due to concerns about the fairness and reasonableness of the proposed agreement, which aimed to establish the terms and conditions of employment for the company's employees. The court was tasked with assessing whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The primary legal issues the court needed to address were whether the agreement was a "good faith" bargain, whether it contained all the mandatory terms prescribed by the Fair Work Act, and whether it was reasonable and fair in all its terms. Additionally, the court had to consider whether the agreement complied with the requirements for employee representation and consultation during the bargaining process.

The Fair Work Commission found that the agreement was a genuine attempt by the parties to negotiate in good faith. It determined that all mandatory terms were included in the agreement, and that the terms were reasonable and fair. The court noted that the agreement had been the result of extensive consultation and negotiation between the parties, with adequate representation for the employees. Consequently, the court approved the agreement, finding it to be fair and reasonable for the purposes of the Fair Work Act.

The final orders of the court were that the Grange Resources Tasmania Enterprise Agreement 2017 be approved, and that the agreement be registered with the Fair Work Commission. This decision allowed the agreement to come into effect, setting the terms and conditions of employment for the company's employees as outlined in the approved document.

Grange Resources (Tasmania) 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