Graincorp Limited Summary

[2014] FWCA 226

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Graincorp Limited
(AG2014/3202)

GRAINCORP OPERATIONS LTD-AWU (VICTORIAN OPERATIONS) ENTERPRISE AGREEMENT 2013

Grain handling industry
COMMISSIONER CRIBB	MELBOURNE, 9 JANUARY 2014

Application for approval of the GrainCorp Operations Ltd-AWU (Victorian Operations) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the GrainCorp Operations Ltd-AWU (Victorian Operations) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Graincorp Limited. 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.

[3] The Australian Workers’ Union (AWU) 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 9 January 2014 and, in accordance with s.54 of the Act, will operate from 16 January 2014. The nominal expiry date of the Agreement is 30 September 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Graincorp Limited, an applicant, sought approval of the GrainCorp Operations Ltd-AWU (Victorian Operations) Enterprise Agreement 2013 from the Fair Work Commission. The Australian Workers' Union (Victorian Branch) was a party to the agreement, which sought to govern the terms and conditions of employment for certain employees of Graincorp. The case centred around whether the agreement met the requirements of the Fair Work Act 2009 and if it was appropriately negotiated.

The primary legal issues before the court were whether the agreement was a bona fide enterprise agreement, if it was appropriately negotiated, and if it met the minimum standards set out in the Fair Work Act. The court needed to consider if the agreement was fairly and genuinely negotiated and if it included the necessary minimum terms and conditions. Additionally, the court had to determine if the agreement contained any terms that were contrary to public policy or not genuinely intended to be part of the agreement.

The Fair Work Commission found that the agreement was a genuine enterprise agreement and was appropriately negotiated. The court examined the negotiation process and concluded that it was conducted in good faith and with a genuine intent to reach an agreement. The commission also confirmed that the agreement included all required minimum terms and conditions and did not contain any terms that were contrary to public policy. The commission ultimately approved the GrainCorp Operations Ltd-AWU (Victorian Operations) Enterprise Agreement 2013, finding it to be in compliance with the Fair Work Act.

Graincorp Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established