DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gypsum Resources Australia Pty Limited
(AG2018/5560)

GYPSUM RESOURCES AUSTRALIA WORKPLACE AGREEMENT 2018

Mining industry
COMMISSIONER PLATT	ADELAIDE, 15 MARCH 2019

Application for approval of the Gypsum Resources Australia Workplace Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Gypsum Resources Australia Workplace Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Gypsum Resources Australia Pty Limited. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 21 February 2019.

[3] On 27 February 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 13 March 2019. The undertaking deals with the following topics:

• The Applicant has inserted a National Employment Standards (NES) precedence clause.

• The definition of a shift worker will be for the purposes of the NES.

• The Applicant confirms that the Agreement applies in conjunction with the Mining Industry Award 2010 (Mining Award). The Applicant further undertakes, for the avoidance of doubt:

“(a) that clause 20 of the Agreement applies in respect of employees undertaking a night shift and, otherwise, clauses 20.2 and 20.5 of the Mining Award apply in respect of shift workers and continuous shift workers;

(b) to comply with clauses 20.1 and 20.3 of the Mining Award in respect of overtime payments; and

(c) that casual and part time employees are covered by the Agreement which operates in conjunction with the Mining Award.”

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The “The Australian Workers’ Union (AWU)”, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 1 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved Gypsum Resources Australia Pty Limited, which sought approval of a workplace agreement. The Fair Work Commission was the forum for this application, as it is the body responsible for overseeing workplace agreements in Australia. The dispute centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the applicant needed to demonstrate that the agreement was genuinely negotiated, covered appropriate terms, and was in the best interests of the employees involved.

The central legal issues revolved around the negotiation process, the content of the agreement, and its implications for the employees. The Commission had to determine if the negotiation process was genuine and if the agreement itself was comprehensive and fair. Additionally, the court had to assess whether the agreement would serve the best interests of the employees, ensuring it did not undermine their rights or conditions of employment.

The Fair Work Commission found that the negotiation process was genuine, as it involved discussions between the employer and a representative group of employees. The Commission also noted that the agreement covered a broad range of terms, including wages, hours of work, and dispute resolution mechanisms. Furthermore, the agreement was deemed to be in the best interests of the employees, as it provided for fair conditions of employment without undermining any existing rights. Based on these findings, the Commission approved the Gypsum Resources Australia Workplace Agreement 2018.

The Fair Work Commission's decision was to approve the workplace agreement. This approval meant that the agreement would be legally binding, and both parties were required to adhere to its terms. The decision provided clarity and certainty for both the employer and the employees, ensuring that the workplace agreement was compliant with the relevant legislation.

Gypsum Resources Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established