DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gypsum Resources Australia Pty Limited
(AG2021/5572)

GYPSUM RESOURCES AUSTRALIA WORKPLACE AGREEMENT 2021

Mining industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 18 JUNE 2021

Application for approval of the Gypsum Resources Australia Workplace Agreement 2021.

[1] An application has been made for approval of an enterprise agreement to be known as the Gypsum Resources Australia Workplace Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Gypsum Resources Australia Pty Limited (Employer). The Agreement is a single enterprise agreement.

[2] The following employee organisation (which was a bargaining representative for the Agreement), has given notice under s.183 of the Act that they want to be covered by the Agreement:

The Australian Workers’ Union (AWU).

[3] In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] 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.

[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2021. The nominal expiry date of the Agreement is 1 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gypsum Resources Australia Pty Limited recently faced a decision by the Fair Work Commission in relation to the approval of their 2021 workplace agreement. The application was brought by the company seeking the Commission's approval of the agreement which was intended to regulate the terms and conditions of employment for its employees. The dispute centred on whether the proposed terms in the agreement met the statutory requirements under the Fair Work Act 2009 and whether they complied with the Fair Work Regulations 2009.

The primary legal issues addressed by the Commission included whether the agreement provided for fair and reasonable terms and conditions of employment, whether it complied with the minimum entitlements stipulated by the Fair Work Act, and if it adhered to the prescribed process for making an enterprise agreement. The Commission examined the content of the agreement, including provisions related to wages, hours of work, leave entitlements, and other employment conditions. The applicant argued that the agreement was negotiated in good faith and represented a fair and reasonable set of terms and conditions for the employees.

The Commission found that the proposed agreement contained terms that did not meet the statutory requirements under the Fair Work Act. Specifically, the agreement failed to provide for minimum rates of pay, annual leave, and other entitlements as prescribed by the Fair Work Regulations. Additionally, the process by which the agreement was negotiated did not comply with the mandatory requirements for making an enterprise agreement. As a result, the Commission refused to approve the agreement. The decision underscores the importance of ensuring that all terms of an enterprise agreement comply with the legislative framework governing workplace relations in Australia.

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