DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Graymont (Australia) Pty Ltd
(AG2021/338)

GRAYMONT (AUSTRALIA) PTY LTD CHARBON ENTERPRISE AGREEMENT 2021

Quarrying industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 9 MARCH 2021

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

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

[2] The Employer has provided written undertakings dated 8 March 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Cement, Lime and Quarrying Award 2020 and the Miscellaneous Award 2020), 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 of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 March 2021. The nominal expiry date of the Agreement is 9 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Graymont (Australia) Pty Ltd sought approval of a new enterprise agreement with Charbon Enterprise Agreement 2021. The matter was heard by the Fair Work Commission. The central legal issues were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, particularly focusing on whether it contained all the mandated terms, was free from prohibited content, and was fairly negotiated. The applicant argued that the agreement was fair and reasonable, while no objections were raised by the relevant union or employees. The Commission considered the statutory framework, the nature of the agreement, and the evidence presented on the negotiation process. It found that the agreement contained all necessary terms and was free from prohibited content. The Commission also concluded that the agreement was fairly negotiated and met the requirements for approval. The application was subsequently approved.

The Commission noted that the statutory requirements for enterprise agreements are designed to ensure that agreements are fair, reasonable, and negotiated in good faith. The agreement was found to comply with these requirements. The evidence presented indicated that the agreement was negotiated between the parties in good faith and that the employees had an opportunity to be involved in the negotiation process. The Commission was satisfied that the agreement was fair and reasonable, taking into account the evidence and submissions from both parties. The agreement was therefore approved, and the applicant was authorised to proceed with its implementation.

Graymont (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established