DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bunge Grain Services (Bunbury) Pty Ltd
(AG2015/6576)

BUNGE GRAIN SERVICES (BUNBURY) ENTERPRISE AGREEMENT 2015

Grain handling industry
COMMISSIONER ROE	MELBOURNE, 13 NOVEMBER 2015

Application for approval of the Bunge Grain Services (Bunbury) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Bunge Grain Services (Bunbury) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bunge Grain Services (Bunbury) Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 13 November 2015 and, in accordance with s.54, will operate from 20 November 2015. The nominal expiry date of the Agreement is 13 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Bunge Grain Services (Bunbury) Pty Ltd, which sought approval for the Bunge Grain Services (Bunbury) Enterprise Agreement 2015. The application was lodged with the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The primary issue before the court was whether the agreement adequately covered the necessary aspects of employee conditions and employment terms, ensuring fairness and compliance with relevant labour laws.

The legal issues centred on the comprehensiveness of the agreement and whether it provided for the employees' wages, conditions, and terms of employment. The court had to assess if the agreement complied with the requirements of the Fair Work Act, particularly regarding the procedural fairness in its negotiation and whether it contained all the necessary provisions for a valid enterprise agreement. The court also needed to ensure that the agreement did not unfairly discriminate against any class of employees or contravene any provisions of the Act.

The Fair Work Commission found that the Bunge Grain Services (Bunbury) Enterprise Agreement 2015 met the necessary requirements for approval. The court considered the procedural fairness of the agreement's negotiation, the inclusion of all required terms and conditions, and the overall fairness to the employees. The Commission concluded that the agreement was comprehensive, provided for the wages and conditions of the employees, and was negotiated in a manner that was procedurally fair. The court approved the agreement, recognising that it fulfilled the legislative criteria for enterprise agreements under the Fair Work Act.

Bunge Grain Services (Bunbury) 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