GrainCorp Oilseeds Pty Ltd

[2014] FWCA 4076

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

GrainCorp Oilseeds Pty Ltd

(AG2014/5838)

GRAINCORP OILSEEDS PTY LTD NUMURKAH SITE AND

NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2013 -

2016

Food, beverages and tobacco manufacturing industry

DEPUTY PRESIDENT KOVACIC

MELBOURNE, 19 JUNE 2014

Application for approval of the GrainCorp Oilseeds Pty Ltd Numurkah Site and National
Union of Workers Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the

GrainCorp Oilseeds Pty Ltd Numurkah Site and National Union of Workers Enterprise

Agreement 2013 - 2016 (Agreement). The application was made pursuant to s.185 of the Fair

Work Act 2009 (Act). It has been made by GrainCorp Oilseeds Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied

that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this
application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from GrainCorp Oilseeds

Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the
Agreement. A copy of the undertakings are attached to this decision.

[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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2014. The nominal expiry date of the Agreement is 31 March 2016.

DEPUTY PRESIDENT

[2014] FWCA 4076

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GrainCorp Oilseeds Pty Ltd applied for approval of the GrainCorp Oilseeds Pty Ltd Numurkah Site and National Union of Workers Enterprise Agreement 2013-2016 (Agreement) under section 185 of the Fair Work Act 2009. The dispute involved a single-enterprise agreement between GrainCorp Oilseeds Pty Ltd and the National Union of Workers. The application was heard by Deputy President Kovacic in Melbourne on 19 June 2014.

The legal issues before the court were whether the Agreement met the requirements of sections 186, 187 and 188 of the Act, whether the undertakings made by GrainCorp Oilseeds Pty Ltd could be accepted, and whether the Agreement covered the National Union of Workers. The court also had to determine whether the Agreement should be approved and, if so, when it would operate and expire.

The court was satisfied that the requirements of sections 186, 187 and 188 of the Act had been met, subject to certain concerns that were addressed by way of undertakings. The court accepted the undertakings made by GrainCorp Oilseeds Pty Ltd and noted that the National Union of Workers had given notice that it wanted the Agreement to cover it. The court approved the Agreement and determined that it would operate from 26 June 2014 and expire on 31 March 2016.

The court ordered that the GrainCorp Oilseeds Pty Ltd Numurkah Site and National Union of Workers Enterprise Agreement 2013-2016 be approved and that it operate from 26 June 2014 until 31 March 2016.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established