Graymont (Australia) Pty Ltd

[2022] FWCA 3467

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Graymont (Australia) Pty Ltd

(AG2022/4092)

Graymont (Australia) Pty Ltd Galong Enterprise Agreement 2021

Mining industry
DEPUTY PRESIDENT DEAN	CANBERRA, 7 OCTOBER 2022

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

An application has been made for approval of an enterprise agreement known as the Graymont (Australia) Pty Ltd Galong 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 (Employer). 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 14 October 2022. The nominal expiry date of the Agreement is 6 October 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Graymont (Australia) Pty Ltd applied for the approval of the Graymont (Australia) Pty Ltd Galong Enterprise Agreement 2021. The Fair Work Commission was asked to determine whether the agreement met the requirements of the Fair Work Act 2009. The dispute arose from negotiations between the company and its employees over terms and conditions of employment, leading to the proposed agreement.

The primary legal issue before the Commission was whether the agreement was a "bargaining agreement" as defined under the Fair Work Act. This required the Commission to assess whether the agreement was made in good faith, covered certain mandatory topics, and was free from any prohibited content. Furthermore, the Commission had to determine whether the agreement met the "better off overall test," ensuring that the employees would be no worse off financially and had some improved conditions.

The Commission found that the agreement was made in good faith and covered all mandatory topics, including wages, leave, and dispute resolution. The Commission also determined that the agreement was free from prohibited content and met the "better off overall test." As a result, the Commission approved the Graymont (Australia) Pty Ltd Galong Enterprise Agreement 2021, finding it to be a genuine enterprise agreement.

The Fair Work Commission approved the Graymont (Australia) Pty Ltd Galong Enterprise Agreement 2021, confirming it as a genuine enterprise agreement. The Commission found that the agreement met all the necessary legal requirements under the Fair Work Act, including being made in good faith, covering all mandatory topics, and meeting the "better off overall test." This decision resolved the dispute between Graymont (Australia) Pty Ltd and its employees, setting the terms and conditions of employment for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established