Graymont (Australia) Pty Ltd

[2023] FWCA 232

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Graymont (Australia) Pty Ltd

(AG2022/5420)

GRAYMONT (AUSTRALIA) PTY LTD TRARALGON ENTERPRISE AGREEMENT 2022

Cement and concrete products
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 JANUARY 2023

Application for approval of the Graymont (Australia) Pty Ltd Traralgon Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Graymont (Australia) Pty Ltd Traralgon Enterprise Agreement 2022 (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 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.

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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2023. The nominal expiry date of the Agreement is 22 January 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Graymont (Australia) Pty Ltd applied for the approval of the Traralgon Enterprise Agreement 2022. The agreement was negotiated between the company and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the agreement met the legal standards for approval under the Fair Work Act 2009. The Commission was required to determine if the agreement contained the necessary provisions, was free from prohibited content, and was made in good faith.

The primary legal issue was whether the agreement contained all the mandatory terms required by the Fair Work Act. This included examining if the agreement appropriately dealt with wages, hours of work, and other minimum entitlements. The Commission also needed to ensure that the agreement did not include any provisions that were against the law or that could undermine the rights of employees. Furthermore, the Court had to consider if the negotiation process was conducted in good faith and whether the agreement reflected a fair outcome for both parties.

The Commission found that the agreement was comprehensive and included all the mandatory terms required by the Fair Work Act. It also determined that the agreement did not contain any provisions that were unlawful or detrimental to employee rights. The negotiation process was deemed to be conducted in good faith, with both parties making reasonable concessions. Based on these findings, the Commission approved the Graymont (Australia) Pty Ltd Traralgon Enterprise Agreement 2022. The approval ensures that the agreement will legally govern the employment conditions for the relevant workforce, providing a framework for fair and equitable workplace practices.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established