Grange Resources (Tasmania) Pty Ltd Summary

[2013] FWCA 7017

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Grange Resources (Tasmania) Pty Ltd
(AG2013/8542)

GRANGE RESOURCES TASMANIA PTY LTD ENTERPRISE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 16 SEPTEMBER 2013

Application for approval of the Grange Resources Tasmania Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Grange Resources Tasmania Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made by Grange Resources (Tasmania) Pty Ltd pursuant to section 185 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Australian Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[4] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 23 September 2013. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Grange Resources (Tasmania) Pty Ltd sought approval of the Enterprise Agreement 2013 from the Fair Work Commission. The applicant, Grange Resources, is a company engaged in the mining industry, and the dispute centred around the terms and conditions of employment of its workforce. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The key issues before the Commission were whether the agreement complied with the procedural fairness requirements, whether it contained the mandatory terms prescribed by the Act, and whether it provided for the protection of employees' rights and interests.

The Commission examined the process by which the agreement was negotiated and whether it was done in good faith. It considered whether the agreement contained all the mandatory terms required by the Act, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. Additionally, the Commission assessed whether the agreement provided adequate protections for employees, particularly in relation to redundancy and termination of employment. The applicant argued that the agreement was fair and reasonable, while the objectors contended that certain provisions did not adequately protect employees' rights.

After thorough deliberation, the Commission found that the agreement generally met the statutory requirements and was fair and reasonable in all its terms. The Commission was satisfied that the agreement had been negotiated in good faith and contained all the mandatory terms prescribed by the Act. It also found that the provisions for redundancy and termination of employment were adequate and provided sufficient protection for employees. Consequently, the Commission approved the Enterprise Agreement 2013.

The Fair Work Commission approved the Enterprise Agreement 2013, finding it to be fair and reasonable, and compliant with the statutory requirements of the Fair Work Act 2009. The decision underscores the importance of ensuring that enterprise agreements not only meet procedural fairness standards but also include all mandatory terms and provide adequate protections for employees.

Grange Resources (Tasmania) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established