Graymont (Australia) Pty Ltd

Case •

[2022] FWCA 551

•

22 FEBRUARY 2022
[2022] FWCA 551

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Graymont (Australia) Pty Ltd

(AG2022/233)

Graymont (Australia) Pty Ltd Attunga Enterprise Agreement 2021

Mining industry

COMMISSIONER O'NEILL

MELBOURNE, 22 FEBRUARY 2022

Application for approval of the Graymont (Australia) Pty Ltd Attunga Enterprise Agreement 2021

  1. Graymont (Australia) Pty Ltd has applied for approval of an enterprise agreement known as the Graymont (Australia) Pty Ltd Attunga Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

  1. 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.

  1. 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.

  1. The Australian Workers’ Union 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.

  1. I observe that clause 17.5 is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2022. The nominal expiry date of the Agreement is 21 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE515010  PR738495>

Annexure A

Actions
Download as PDF Download as Word Document
Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0