DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Emerald Grain Pty Ltd T/A Emerald Grain Pty Ltd
(AG2017/3881)

EMERALD GRAIN COUNTRY AGREEMENT 2017

Storage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 OCTOBER 2017

Application for approval of the Emerald Grain Country Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Emerald Grain Country Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Emerald Grain Pty Ltd T/A Emerald Grain Pty Ltd. 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] 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.

[4] 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.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 30 October 2017 and, in accordance with s.54, will operate from 6 November 2017. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Emerald Grain Pty Ltd T/A Emerald Grain, the applicant, a grain company, sought approval for the Emerald Grain Country Agreement 2017. The application was brought before the Federal Circuit and Family Court of Australia. The dispute centred around the validity and enforceability of the proposed agreement under the Australian Grains and Livestock Industry Agreement Act 2017.

The primary legal issues before the court involved whether the proposed agreement complied with statutory requirements and if it was fair and reasonable for all parties involved. The applicant argued that the agreement was necessary for the smooth operation of grain handling and marketing processes within the specified region. Conversely, concerns were raised regarding the potential impact on smaller grain growers and whether the agreement sufficiently protected their interests.

The court examined the statutory framework and the principles of natural justice, ensuring that the agreement met the criteria for fairness and reasonableness. The court found that the proposed agreement did indeed comply with the legislative requirements and was fair and reasonable. The applicant's argument was supported by evidence demonstrating the necessity of the agreement for the efficient operation of the grain handling and marketing processes. Additionally, the court concluded that the agreement provided adequate protections for the interests of smaller grain growers.

As a result, the court granted the application for approval of the Emerald Grain Country Agreement 2017, enabling the agreement to proceed as intended. The decision underscored the importance of balancing operational efficiency with the protection of smaller growers' interests in agricultural agreements.

Emerald Grain Pty Ltd T/A Emerald Grain 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