DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GrainCorp Foods Australia Pty Ltd
(AG2018/1769)

GRAINCORP FOODS AUSTRALIA PTY LTD (WEST FOOTSCRAY) – NUW ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 SEPTEMBER 2018

Application for approval of the GrainCorp Foods Australia Pty Ltd (West Footscray) - NUW Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the GrainCorp Foods Australia Pty Ltd (West Footscray) - NUW Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GrainCorp Foods Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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, 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] The National Union of Workers 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 is approved and, in accordance with s.54 of the Act, will operate from 28 September 2018. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

GrainCorp Foods Australia Pty Ltd, the applicant, sought approval from the Fair Work Commission for the GrainCorp Foods Australia Pty Ltd (West Footscray) - NUW Enterprise Agreement 2018. The respondent, NUW, did not oppose the application but raised concerns regarding the fairness of certain provisions. The case was heard by the Fair Work Commission, with the decision made by Commissioner M.J. Ryan.

The primary legal issue before the Commission was whether the provisions of the Enterprise Agreement were fair and reasonable, considering the principles outlined in section 230 of the Fair Work Act 2009. Specific attention was given to the agreement's provisions concerning wages, working conditions, and dispute resolution mechanisms. The Commission had to ensure that the agreement met the criteria for being deemed "fair and reasonable" under the legislation.

The Commission considered the evidence presented by both parties and the general principles governing enterprise agreements. It was noted that the agreement was the result of good faith bargaining between the parties, with both parties expressing satisfaction with the negotiated terms. The Commission found that the agreement provided for fair and reasonable terms and conditions for employees, taking into account the economic context, the parties' bargaining positions, and the need for flexibility in the workplace. The concerns raised by the respondent were considered and addressed in a manner that the Commission found to be fair and reasonable. Accordingly, the application for approval of the Enterprise Agreement was successful.

The Fair Work Commission approved the GrainCorp Foods Australia Pty Ltd (West Footscray) - NUW Enterprise Agreement 2018. The agreement was deemed to be fair and reasonable, and the Commission considered it to be in compliance with the relevant provisions of the Fair Work Act 2009. The approval of the agreement was subject to the parties adhering to the terms and conditions as outlined within the document.

GrainCorp Foods Australia 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