Graymont (Australia) Pty Ltd
[2024] FWCA 2090
•6 JUNE 2024
| [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
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Annexure A
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