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

Printed by authority of the Commonwealth Government Printer

Attachment A

The case before the Fair Work Commission involved Bunge Grain Services (Bunbury) Pty Ltd, trading as Bunge, and various employees. The dispute centred around the application for approval of the Bunge Grain Services (Bunbury) Enterprise Agreement 2020. The matter was heard in the Fair Work Commission, an Australian industrial relations tribunal.

The primary legal issues revolved around whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was a "bargained agreement" as defined by the Act and if it contained the necessary minimum terms and conditions of employment. Additionally, the Commission needed to consider whether the agreement was made in good faith and if it was free from any improper conduct.

The Fair Work Commission examined the process by which the agreement was negotiated and the extent to which it complied with the statutory requirements. The Commission found that the agreement was indeed a bargained agreement as it was made by employers and employees in good faith and was free from any improper conduct. Furthermore, the agreement contained all the required minimum terms and conditions, including wages, hours of work, and other employment-related matters. The Commission concluded that the agreement met all the legal requirements for approval and granted the application for its registration.

The Fair Work Commission approved the Bunge Grain Services (Bunbury) Enterprise Agreement 2020, with the approval taking effect from the date of the decision. This decision provides a clear framework for the terms and conditions of employment for the parties involved and ensures compliance with Australian industrial relations laws.

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

DECISION

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established