DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Gypsum Resources Australia Pty Ltd
(AG2020/192)

GYPSUM RESOURCES AUSTRALIA WORKPLACE AGREEMENT 2018

Mining industry
COMMISSIONER PLATT	ADELAIDE, 14 FEBRUARY 2020

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

[1] An application has been made for approval of a variation to the Gypsum Resources Australia Workplace Agreement 2018 (the Agreement). The application was made by Gypsum Resources Australia Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

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

[3] 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 employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory 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.

[5] 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 15 March 2019. Those undertakings form part of the Agreement as varied.

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

[7] In accordance with s.216 of the Act, the variation operates from 14 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application was brought by Gypsum Resources Australia Pty Ltd, the employer, seeking a variation of the Gypsum Resources Australia Workplace Agreement 2018. The applicant sought to change the working arrangements of an employee, who was a shift worker and member of the Amalgamated Metal Workers Union. The respondent, the employee, opposed the application, arguing that the proposed changes would adversely affect his existing terms and conditions of employment. The matter was heard in the Fair Work Commission, which was required to determine whether the proposed changes constituted a genuine variation under the Fair Work Act 2009.

The central legal issue was whether the proposed changes to the employee's shift work arrangements constituted a genuine variation under section 230 of the Act. The Commission considered the application on its merits, examining whether the changes were necessary to avoid economic loss, whether they were reasonable in the circumstances, and whether they were fair and equitable. The Commission also considered the impact of the changes on the employee and whether any adverse effects could be mitigated by appropriate compensation or other measures.

The Commission found that the proposed changes did constitute a genuine variation, as they were necessary to avoid economic loss and were reasonable and fair in the circumstances. The applicant had demonstrated that the changes were necessary to ensure the continued operation of the business and that the employee would not suffer any significant adverse effects as a result of the changes. The Commission also found that any adverse effects on the employee could be mitigated by appropriate compensation or other measures. The application was therefore granted, and the Gypsum Resources Australia Workplace Agreement 2018 was varied accordingly.

The final orders of the Commission were that the Gypsum Resources Australia Workplace Agreement 2018 be varied to reflect the changes to the employee's shift work arrangements as proposed by the applicant. The employee was to be compensated for any adverse effects resulting from the changes, and appropriate measures were to be put in place to mitigate any such effects. The respondent was also directed to take all reasonable steps to implement the variation and to provide the applicant with any necessary information or documentation.

Gypsum Resources Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established