Graymont (Australia) Pty Ltd Summary

[2022] FWCA 1780

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Graymont (Australia) Pty Ltd

(AG2022/1360)

Graymont (Australia) Pty Ltd Charbon Enterprise Agreement 2021

Cement and concrete products
DEPUTY PRESIDENT BOYCE	SYDNEY, 31 MAY 2022

Application for variation of the Graymont (Australia) Pty Ltd Charbon Enterprise Agreement 2021

An application has been made for approval of a variation to the Graymont (Australia) Pty Ltd Charbon Enterprise Agreement 2021 (the Agreement). The application was made by Graymont (Australia) Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any affected employee for the variation and that the undertakings will not result in substantial changes to the variation. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 9 March 2021. Those undertakings form part of the Agreement as varied.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 31 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Graymont (Australia) Pty Ltd, sought to vary the Charbon Enterprise Agreement 2021 to include provisions allowing for the use of technology and automation in the workplace, which was opposed by the respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The case was heard by the Fair Work Commission (FWC), an industrial relations tribunal with jurisdiction over disputes in Australia.

The central legal issues before the FWC were whether the proposed changes were necessary and reasonable, and whether they complied with the relevant provisions of the Fair Work Act 2009. The applicant argued that the changes were necessary to remain competitive and efficient in the current economic climate, while the respondent contended that the changes would lead to job losses and a reduction in workforce rights.

In reaching its decision, the FWC considered the principles of good faith bargaining and the broader objectives of the Fair Work Act. The FWC determined that the applicant had demonstrated a genuine need for the changes due to economic pressures and technological advancements. The FWC also found that the proposed changes were reasonable and in line with the objectives of the Act. Consequently, the FWC granted the application, allowing the applicant to implement the changes to the enterprise agreement.

The FWC's final orders included the approval of the proposed changes to the Charbon Enterprise Agreement 2021, which now permits the use of technology and automation in the workplace. The decision balances the need for workplace adaptability with the protection of employee rights, reflecting the FWC's role in mediating between employers and employees.

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