FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Viterra Limited
(AG2015/550)

VITERRA - WALLAROO ENTERPRISE AGREEMENT 2015

Grain handling industry
COMMISSIONER HAMPTON	ADELAIDE, 19 MARCH 2015

Application for approval of the Viterra - Wallaroo Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Viterra - Wallaroo Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Viterra Limited. The Agreement is a single-enterprise agreement.

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

[3] I note that the reference award for the purposes of s.193 of the Act is the Bulk Handling of Grain Award [AN150024 - NAPSA], being an Enterprise Award that has been preserved by virtue of Item 18 of Schedule 7 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

[4] The Australian Workers’ Union, 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 the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 March 2015. The nominal expiry date of the Agreement is 3 March 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Boom Logistics Limited, the applicant sought approval of the Viterra - Wallaroo Enterprise Agreement 2015. The agreement sought to establish terms and conditions of employment for employees of Viterra, an agricultural supply chain company, under the Fair Work Act 2009. The dispute arose as a result of the employer and employees reaching an agreement on certain terms and conditions but seeking the Fair Work Commission's approval to ensure the agreement met the requirements of the Act. The application was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue before the court was whether the enterprise agreement met the criteria set out in section 232 of the Fair Work Act 2009 for approval. This involved considering whether the agreement provided for appropriate matters, did not provide for improper content, and was made in good faith. Additionally, the court had to assess whether the agreement was consistent with the provisions of the Fair Work Act 2009, particularly in relation to the procedural fairness and the protection of employees' rights. The court also needed to consider whether the agreement adequately addressed the employees' needs and interests while remaining fair to the employer.

The court found that the enterprise agreement met all the necessary criteria for approval. The agreement was comprehensive, addressing various employment terms and conditions in a manner that was both fair and reasonable. The court determined that the agreement was made in good faith, as it reflected a genuine attempt by both parties to reach a mutually beneficial arrangement. Furthermore, the agreement did not contain any improper content and was consistent with the principles of the Fair Work Act 2009. The court was satisfied that the agreement provided for appropriate matters and that the process leading to its creation was procedurally fair and just.

The court approved the Viterra - Wallaroo Enterprise Agreement 2015, thereby resolving the application. The agreement was deemed to be in compliance with the requirements of the Fair Work Act 2009, ensuring that the terms and conditions of employment for the employees of Viterra were fair, reasonable, and legally sound. The approval of the agreement provided certainty and stability for both the employer and the employees, facilitating a positive working relationship and a harmonious workplace environment.

Boom Logistics Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established