DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GrainCorp Liquid Terminals Australia Pty Ltd T/A GrainCorp
(AG2016/7174)

GRAINCORP LIQUID TERMINALS AUSTRALIA PTY LTD QUEENSLAND OPERATIONS ENTERPRISE AGREEMENT 2016

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COMMISSIONER LEE	MELBOURNE, 13 DECEMBER 2016

Application for approval of the GrainCorp Liquid Terminals Australia Pty Ltd Queensland Operations Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the GrainCorp Liquid Terminals Australia Pty Ltd Queensland Operations Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GrainCorp Liquid Terminals Australia Pty Ltd T/A GrainCorp. 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, 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.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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2016. The nominal expiry date of the Agreement is 21 October 2019.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

GrainCorp Liquid Terminals Australia Pty Ltd, trading as GrainCorp, applied to the Fair Work Commission for the approval of the GrainCorp Liquid Terminals Australia Pty Ltd Queensland Operations Enterprise Agreement 2016. The application was made under section 235 of the Fair Work Act 2009. The dispute centred on the provisions of the proposed enterprise agreement, specifically relating to the classification of certain employees and the associated pay rates, as well as the terms and conditions of employment.

The legal issues before the Fair Work Commission required determination on whether the proposed agreement met the requirements of the Fair Work Act, including the 'better off overall test' (BOOT) and the 'no disadvantage test' (NDT). The Commission had to assess if the agreement provided employees with terms and conditions that were not less favourable than those provided by the relevant award or safety net award, and if it did not place employees in a position worse off than they would be without the agreement. Additionally, the Commission needed to consider if the agreement provided for a fair and efficient workplace.

The Fair Work Commission found that the proposed agreement satisfied the requirements of the Fair Work Act. The Commission determined that the agreement provided for employees who were not covered by an existing agreement with terms and conditions that were not less favourable than the relevant award or safety net award. The Commission also concluded that the agreement did not place employees in a position worse off than they would be without the agreement and that it provided for a fair and efficient workplace. Consequently, the Fair Work Commission approved the GrainCorp Liquid Terminals Australia Pty Ltd Queensland Operations Enterprise Agreement 2016.

GrainCorp Liquid Terminals Australia Pty Ltd T/A GrainCorp

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established