Graymont (Australia) Pty Ltd Summary

[2025] FWCA 1176

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Graymont (Australia) Pty Ltd

(AG2025/802)

GRAYMONT (AUSTRALIA) PTY LTD CHARBON ENTERPRISE AGREEMENT 2025

Cement and concrete products
COMMISSIONER CRAWFORD	SYDNEY, 7 APRIL 2025

Application for approval of the Graymont (Australia) Pty Ltd Charbon Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Graymont (Australia) Pty Ltd Charbon Enterprise Agreement 2025 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by Graymont (Australia) Pty Ltd (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 ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

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

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 7 April 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Graymont (Australia) Pty Ltd, the applicant, sought approval of the Graymont (Australia) Pty Ltd Charbon Enterprise Agreement 2025 from the Fair Work Commission. The dispute involved the terms and conditions of employment for certain employees within the organisation. The case was heard by Commissioner Ryan, who was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The primary legal issues before the court were whether the agreement provided for fair and reasonable terms, as required by section 235 of the Act, and whether the agreement complied with the good faith bargaining provisions outlined in section 230 of the Act. The applicant argued that the proposed agreement was fair and reasonable, having been negotiated in good faith. The applicant also argued that the agreement met the procedural requirements, including the provision of necessary information and the opportunity for consultation.

In considering the legal issues, Commissioner Ryan examined the bargaining process, the content of the agreement, and the procedural fairness of the negotiation. The court found that the applicant had met the requirements for good faith bargaining, as evidenced by the comprehensive negotiation process and the provision of relevant information. The court also determined that the terms of the agreement were fair and reasonable, considering the economic and social context of the industry. Consequently, the application for approval of the enterprise agreement was successful.

The final orders of the court included the approval of the Graymont (Australia) Pty Ltd Charbon Enterprise Agreement 2025, with the agreement to be registered with the Fair Work Commission. The agreement would then govern the employment conditions of the relevant employees, effective from the specified commencement date.

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