Bunge Grain Services (Bunbury) Pty Ltd T/A Bunge

[2020] FWCA 6147

[2020] FWCA 6147

FAIR WORK COMMISSION

DECISION

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

Bunge Grain Services (Bunbury) Pty Ltd T/A Bunge
(AG2020/2957)

BUNGE GRAIN SERVICES (BUNBURY) ENTERPRISE AGREEMENT 2020

Grain handling industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 20 NOVEMBER 2020

Application for approval of the Bunge Grain Services (Bunbury) Enterprise Agreement 2020.

[1] Bunge Grain Services (Bunbury) Pty Ltd T/A Bunge has made an application for the approval of an enterprise agreement known as the Bunge Grain Services (Bunbury) Enterprise Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[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 186, 187, 188, and 190 as are relevant to this application for approval have been met.

[5] On 28 October 2020, the Applicant submitted an application under s 586 of the Act to amend the Agreement and correct various typographical errors that it had identified. The following errors were raised in relation to various clauses 25.5.1, 25.7, 32.1 and Appendix C, those errors are amended as follows:

•  Clause 25.5.1 is amended so that the cross reference to clause 26.7.1 is amended to read 25.7.1;

•  Clause 25.7(i)(l) is amended so that the cross reference to clause 26.7.1(c) is amended to clause 25.7.1(c);

•  Clause 25.7(i)(ll) is amended so that the cross reference to clause 26.7.1(c) is amended to 25.7.1(c);

•  Clause 25.7(i)(lll) is amended so that the cross reference to clause 26.5.4 is amended to 25.5.4;

•  Clause 25.7(j)(l) is amended so that the cross reference to clause 26.7.1(c) is amended to 25.7.1(c);

•  Clause 25.7(j)(ll) is amended so that the cross reference to clause 26.7.1(c) is amended to 25.7.1(c);

•  Clause 25.7(j)(lll) is amended so that the cross reference to clause 26.5.3 is amended to 25.5.3;

•  Clause 25.7(j)(IV) is amended so that the cross reference to clause 26.5.4 is amended to 25.5.4;

•  Clause 32.1 is amended so that the cross reference to clause 26.1 is amended to 25.1; and

•  Appendix C is amended so that the cross reference to clause 26.7.1(c) is amended to clause 25.7.1(c).

[6] A copy of the agreement as amended was filed. I consider the amendments appropriate under s 586(a) of the Act and, as such, allow them.

[7] The Agreement was approved on 20 November 2020 and, in accordance with s 54, will operate from 27 November 2020. The nominal expiry date of the Agreement is 20 November 2024.

DEPUTY PRESIDENT

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Attachment A