DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GrainCorp Oilseeds Pty Ltd T/A GrainCorp
(AG2017/710)

GRAINCORP OILSEEDS PTY LTD NUMURKAH SITE (NATIONAL UNION OF WORKERS) ENTERPRISE AGREEMENT 2016.

Food, beverages and tobacco manufacturing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 18 APRIL 2017

Application for approval of the GrainCorp Oilseeds Pty Ltd Numurkah Site (National Union of Workers) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the GrainCorp Oilseeds Pty Ltd Numurkah Site (National Union of Workers) 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 Oilseeds 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 18 April 2017 and, in accordance with s.54, will operate from 25 April 2017. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, GrainCorp Oilseeds Pty Ltd T/A GrainCorp applied for approval of the GrainCorp Oilseeds Pty Ltd Numurkah Site (National Union of Workers) Enterprise Agreement 2016. The dispute arose from the negotiation and approval of an enterprise agreement between GrainCorp and the National Union of Workers, specifically concerning the terms and conditions of employment for workers at GrainCorp's Numurkah site.

The central legal issues before the court were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, including compliance with the good faith bargaining mandate, and whether the agreement was in the best interests of the employees involved. The court had to assess the fairness of the agreement's provisions, including wages, hours of work, and other employment conditions, and determine if any terms unfairly disadvantaged the employees.

The Fair Work Commission found that the agreement was made in good faith and complied with the statutory requirements. The court considered the nature of the bargaining process and the provisions of the agreement, concluding that the agreement was fair and in the best interests of the employees. The Commission was satisfied that the agreement met the criteria for approval and did not unfairly disadvantage any party. Consequently, the application for approval was successful.

The Fair Work Commission approved the GrainCorp Oilseeds Pty Ltd Numurkah Site (National Union of Workers) Enterprise Agreement 2016, finding it to be fair and in the best interests of the employees. The agreement was thus approved and can proceed to implementation.

GrainCorp Oilseeds 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