DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GrainCorp Operations Limited
(AG2019/4187)

GRAINCORP OPERATIONS LIMITED (PORTLAND TERMINAL) MAINTENANCE ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 NOVEMBER 2019

Application for approval of the GrainCorp Operations Limited (Portland Terminal) Maintenance Enterprise Agreement 2019.

[1] GrainCorp Operations Limited has made an application for approval of an enterprise agreement known as the GrainCorp Operations Limited (Portland Terminal) Maintenance Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) and based on the statutory declarations provided by these organisations, I note that the Agreement covers these organisations.

[4] The Agreement was approved on 15 November 2019 and, in accordance with s 54, will operate from 22 November 2019. The nominal expiry date of the Agreement is 30 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GrainCorp Operations Limited applied for approval of the GrainCorp Operations Limited (Portland Terminal) Maintenance Enterprise Agreement 2019 under the Fair Work Act 2009. The application was made to the Fair Work Commission, which is tasked with ensuring that the terms and conditions of employment are fair and reasonable. The dispute centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the question was whether the agreement contained the necessary safety net provisions and whether it complied with the good faith bargaining obligations.

The Fair Work Commission examined whether the agreement provided for a minimum rate of pay, minimum leave entitlements, and other essential conditions as required by the Act. The Commission also assessed whether the agreement was the result of genuine efforts to reach an agreement through good faith bargaining between the employer and the employees' representatives. The court considered the submissions from both parties, along with any relevant evidence, to determine if the agreement was fair and reasonable.

The Fair Work Commission approved the agreement, finding that it included all the necessary safety net provisions and was the product of good faith bargaining. The Commission was satisfied that the agreement met the statutory requirements and provided fair and reasonable terms and conditions of employment for the employees at the Portland Terminal. The decision was made in light of the evidence presented and the Commission's assessment of the agreement's compliance with the Fair Work Act.

The final orders of the Fair Work Commission were that the GrainCorp Operations Limited (Portland Terminal) Maintenance Enterprise Agreement 2019 be approved and registered under the Fair Work Act. This approval ensures that the agreement is legally binding and enforceable between GrainCorp Operations Limited and the employees covered by the agreement.

GrainCorp Operations Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established