Graymont (Australia) Pty Ltd Summary

[2022] FWCA 1012

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Graymont (Australia) Pty Ltd

(AG2022/758)

Graymont (Australia) Pty Ltd Calliope Enterprise Agreement 2022

Mining industry
COMMISSIONER SIMPSON	BRISBANE, 22 MARCH 2022

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

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

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 6.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

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

The case before the Fair Work Commission involved Graymont (Australia) Pty Ltd and its employees, who were seeking the approval of the Graymont (Australia) Pty Ltd Calliope Enterprise Agreement 2022. The dispute arose from the negotiation and proposed terms of the agreement, which aimed to regulate the working conditions, remuneration, and other employment-related aspects for the employees of Graymont in the Calliope area. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed enterprise agreement was a genuine agreement reached through a process of genuine bargaining and whether it met the requirements set out in the Fair Work Act. Specifically, the Commission needed to assess if the agreement contained the mandatory terms prescribed by the Act and if it was free from any illegality or unfairness. Additionally, the Commission considered whether the agreement complied with the procedural fairness and good faith bargaining obligations imposed by the Act.

In its decision, the Fair Work Commission found that the proposed enterprise agreement did indeed meet the criteria for approval. The Commission determined that the agreement had been reached through a process of genuine bargaining and contained all the mandatory terms required by the Act. Furthermore, the Commission concluded that the agreement did not contain any illegality or unfairness and complied with the requirements of procedural fairness and good faith bargaining. As a result, the Commission approved the Graymont (Australia) Pty Ltd Calliope Enterprise Agreement 2022.

The final orders of the Commission included the approval of the Graymont (Australia) Pty Ltd Calliope Enterprise Agreement 2022, effective from the date of the decision. The agreement would now govern the employment conditions of the employees of Graymont in the Calliope area, subject to the terms and conditions outlined in the approved agreement. The employees and the employer were required to comply with the provisions of the approved agreement, and any disputes arising from its interpretation or implementation would be governed by 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