Graymont (Australia) Pty Ltd

[2024] FWCA 2090

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Graymont (Australia) Pty Ltd

(AG2024/1751)

GRAYMONT (AUSTRALIA) PTY LTD ATTUNGA ENTERPRISE AGREEMENT 2024

Quarrying industry
COMMISSIONER TRAN	MELBOURNE, 6 JUNE 2024

Application for approval of the Graymont (Australia) Pty Ltd Attunga Enterprise Agreement 2024

Graymont (Australia) Pty Ltd has applied for approval of an enterprise agreement known as the Graymont (Australia) Pty Ltd Attunga Enterprise Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).

The Agreement 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.

I note the Employer provided the employees with the Notice of Vote by 30 April 2024 and the vote commenced on 7 May 2024, which is only 6 clear days rather than the required 7. The Employer provided submissions addressing my concerns in relation to the Statement of Principles paragraph 15, and I am persuaded by them.

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.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 13 June 2024.

In accordance with Clause 2, the nominal expiry date of the Agreement is 13 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Graymont (Australia) Pty Ltd, the Fair Work Commission considered an application for the approval of the Attunga Enterprise Agreement 2024. The applicant, Graymont (Australia) Pty Ltd, sought to have the agreement, which was negotiated between the company and a union representing employees, approved under the Fair Work Act 2009. The union argued in support of the application, while no other party opposed the agreement.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval, including whether it provided for fair and reasonable terms and conditions of employment. The Commission had to consider whether the agreement satisfied the "better off overall test" and whether it contained appropriate dispute resolution mechanisms. Additionally, the Commission examined whether the agreement complied with relevant national employment standards.

The Commission determined that the agreement met the statutory criteria for approval. It found that the agreement provided for fair and reasonable terms and conditions of employment and satisfied the better off overall test. The Commission also noted that the agreement contained appropriate dispute resolution mechanisms and complied with relevant national employment standards. As a result, the Commission approved the Attunga Enterprise Agreement 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established