Graymont (Australia) Pty Ltd Summary

[2022] FWCA 1919

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Graymont (Australia) Pty Ltd

(AG2022/1477)

Graymont (Australia) Pty Ltd Riverton Enterprise Agreement 2022

Mining industry
COMMISSIONER SIMPSON	BRISBANE, 13 JUNE 2022

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

An application has been made for approval of an enterprise agreement known as the Graymont (Australia) Pty Ltd Riverton 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 Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Graymont (Australia) Pty Ltd, the Fair Work Commission was tasked with approving an enterprise agreement between the employer and its employees. The agreement in question was the Graymont (Australia) Pty Ltd Riverton Enterprise Agreement 2022. The employees were represented by the Construction, Forestry, Maritime, Mining and Energy Union, and the employer was represented by counsel. The dispute centred around the terms and conditions of the proposed agreement, with particular attention given to the fairness and reasonableness of the proposed changes.

The primary legal issues before the Commission involved assessing whether the agreement complied with the requirements of the Fair Work Act 2009 and whether the process of agreement had been conducted fairly and in good faith. This included scrutinising the negotiation process, the content of the agreement, and the extent to which the agreement provided for employees' rights and entitlements. Additionally, the Commission had to determine if the agreement met the 'better off overall test', ensuring that no employee would be worse off by being subject to the agreement.

The Commission examined the submissions from both parties, including the evidence provided about the negotiation process and the terms of the agreement. It considered whether the agreement adequately protected the rights of employees and whether the process of reaching the agreement was fair and transparent. Ultimately, the Commission found that the agreement was fair and reasonable, meeting all the statutory requirements. The Commission approved the Graymont (Australia) Pty Ltd Riverton Enterprise Agreement 2022, noting the overall benefits to the employees and the fairness of the negotiation process.

The final orders of the Commission were to approve the Graymont (Australia) Pty Ltd Riverton Enterprise Agreement 2022, which will now govern the employment conditions of the employees represented by the union. This decision reinforces the importance of ensuring that enterprise agreements are both fair and compliant with the requirements of the Fair Work Act.

Graymont (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established