Graymont (Australia) Pty Ltd Summary

[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

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.

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 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.

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.

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

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Graymont (Australia) Pty Ltd applied for the approval of the Graymont (Australia) Pty Ltd Attunga Enterprise Agreement 2021. The dispute centred around the validity and fairness of the proposed enterprise agreement, which sought to establish new terms and conditions of employment for the company's employees. The commission was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and was made in good faith.

The legal issues before the commission included whether the agreement had been appropriately negotiated, if it contained the necessary provisions for pay and conditions, and whether it met the standards for procedural fairness. The applicant argued that the agreement was a genuine effort to improve working conditions and was negotiated in good faith. Conversely, concerns were raised regarding the adequacy of the consultation process and whether the agreement adequately protected the employees' interests.

The commission found that the agreement had been negotiated in good faith and that the consultation process, while not perfect, was sufficient to meet the legal standards. The commission further determined that the agreement contained all the required provisions for pay and conditions and was fair and reasonable in its terms. Based on these findings, the commission approved the Graymont (Australia) Pty Ltd Attunga Enterprise Agreement 2021. The approval was subject to specific conditions, including the requirement for the applicant to provide further information and documentation to the commission within a specified timeframe.

Graymont (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established