DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GrainCorp Liquid Terminals Australia Pty Ltd T/A GrainCorp
(AG2017/3274)

GRAINCORP LIQUID TERMINALS AUSTRALIA PTY LTD COODE ISLAND OPERATIONS ENTERPRISE AGREEMENT 2017-2019

Storage services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 OCTOBER 2017

Application for approval of the GrainCorp Liquid Terminals Australia Pty Ltd Coode Island Operations Enterprise Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the GrainCorp Liquid Terminals Australia Pty Ltd Coode Island Operations Enterprise Agreement 2017-2019 (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, 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 27 October 2017 and, in accordance with s.54, will operate from 3 November 2017. The nominal expiry date of the Agreement is 1 April 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, GrainCorp Liquid Terminals Australia Pty Ltd, trading as GrainCorp, sought approval of the GrainCorp Liquid Terminals Australia Pty Ltd Coode Island Operations Enterprise Agreement 2017-2019. The application was made under the Fair Work Act 2009, seeking the Commission's endorsement of the enterprise agreement, which outlined terms and conditions of employment for employees of GrainCorp at the Coode Island Terminal in Brisbane. The dispute centred on the fairness and appropriateness of the agreement's provisions, including wages, working hours, and other employment terms, in accordance with the statutory criteria for modern awards.

The key legal issues before the Commission were whether the enterprise agreement met the procedural fairness requirements under section 230 of the Fair Work Act, and whether it contained terms that were unfair within the meaning of section 232 of the Act. The Commission examined whether the agreement was made in good faith, without coercion, and whether the terms were consistent with the principles of the national workplace relations system. Furthermore, the Commission assessed if the agreement provided for fair and reasonable terms and conditions of employment, taking into account the modern award applicable to the employees.

The Commission found that the enterprise agreement was made in good faith and without coercion, and that the process by which it was negotiated and agreed upon met the procedural fairness requirements. The Commission also determined that the terms of the agreement were fair and reasonable, as they provided for adequate protections for employees and were consistent with the principles of the national workplace relations system. The Commission was satisfied that the agreement did not contain any terms that were unfair within the meaning of the Act. Accordingly, the Commission approved the GrainCorp Liquid Terminals Australia Pty Ltd Coode Island Operations Enterprise Agreement 2017-2019, and it is now a legally binding enterprise agreement.

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