Graymont (Australia) Pty Ltd

[2021] FWCA 6866

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Graymont (Australia) Pty Ltd
(AG2021/8274)

GRAYMONT (AUSTRALIA) PTY LTD MURGON ENTERPRISE AGREEMENT 2021

Mining industry
COMMISSIONER SIMPSON	BRISBANE, 6 DECEMBER 2021

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

[1] An application has been made for approval of an enterprise agreement known as the Graymont (Australia) Pty Ltd Murgon 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 clause 6.1 of the Agreement, 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

Graymont (Australia) Pty Ltd sought approval for the Murgon Enterprise Agreement 2021, which had been negotiated between the company and its employees. The application was made before the Fair Work Commission, which was required to determine whether the agreement should be approved as a registered agreement under the Fair Work Act 2009. The employees of Graymont argued that the agreement was not in their best interests as it did not adequately address issues such as pay rates, leave entitlements, and working conditions. Graymont, on the other hand, contended that the agreement was fair and reasonable and met all the requirements of the Act.

The central legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions, and whether it had been genuinely negotiated between the parties. The Commission needed to consider the provisions of the Fair Work Act, including the definition of "genuinely negotiated" and the requirements for "fair and reasonable" terms. The Commission also had to consider the evidence presented by both parties and the broader context of the bargaining process.

After considering the evidence and the arguments of both parties, the Commission found that the agreement was genuinely negotiated and contained fair and reasonable terms and conditions. The Commission noted that the agreement provided for improvements in pay rates, leave entitlements, and working conditions, and that the employees had been given an opportunity to participate in the bargaining process. The Commission also found that the agreement met all the requirements of the Fair Work Act. Based on these findings, the Commission approved the Murgon Enterprise Agreement 2021 as a registered agreement. This decision provides clarity for Graymont and its employees regarding the terms and conditions of their employment, and ensures that the agreement is legally binding and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established