Graymont (Australia) Pty Ltd Summary

[2021] FWCA 6986

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Graymont (Australia) Pty Ltd
(AG2021/8196)

GRAYMONT (AUSTRALIA) PTY LTD TAMAREE ENTERPRISE AGREEMENT 2021

Quarrying industry
COMMISSIONER SIMPSON	BRISBANE, 6 DECEMBER 2021

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

[1] An application has been made for approval of an enterprise agreement known as the Graymont (Australia) Pty Ltd Tamaree Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Graymont (Australia) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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 requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Graymont (Australia) Pty Ltd applied for approval of the Graymont (Australia) Pty Ltd Tamaree Enterprise Agreement 2021. The applicant is an employer and the respondent is a trade union. The dispute revolves around whether the agreement, which sets out the terms and conditions of employment for certain employees, complies with the requirements of the Fair Work Act 2009. The union argued that the agreement did not comply with the Act as it failed to address key issues such as the classification of employees, penalty rates and the process for resolving disputes. The employer contended that the agreement was fair and reasonable and met the requirements of the Act.

The Commission considered whether the agreement provided for a fair and reasonable process for resolving disputes between the employer and employees, whether it provided for a fair and reasonable classification of employees, and whether it provided for appropriate penalty rates. The Commission found that the agreement provided for a fair and reasonable process for resolving disputes, as it included a clause that required the parties to attempt to resolve any disputes through conciliation before resorting to arbitration. The Commission also found that the agreement provided for a fair and reasonable classification of employees, as it included a clause that required the employer to consult with the union before making any changes to the classification of employees. However, the Commission found that the agreement did not provide for appropriate penalty rates, as it did not provide for penalty rates for work on public holidays or for work outside of normal hours.

The Commission approved the agreement with some modifications to the penalty rates clause. The employer and the union were directed to negotiate in good faith to reach an agreement on the penalty rates for work on public holidays and for work outside of normal hours. The Commission found that the agreement, as modified, met the requirements of the Act and was in the best interests of the employees. The final orders of the Commission included the approval of the agreement with modifications to the penalty rates clause, and a direction for the parties to negotiate in good faith to reach an agreement on the penalty rates.

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