GrainCorp Operations Limited

[2019] FWCA 6482

[2019] FWCA 6482

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

GrainCorp Operations Limited
(AG2019/3348)

GRAINCORP OPERATIONS LIMITED QUEENSLAND OPERATIONS ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER PLATT	ADELAIDE, 18 SEPTEMBER 2019

Application for approval of the GrainCorp Operations Limited Queensland Operations Enterprise Agreement 2019.

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

[2] The matter was allocated to my Chambers on 12 September 2019.

[3] On 16 September 2019, I communicated with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 17 September 2019. The undertaking deals with the following topics:

•  The definition of a shift worker will be for the purposes of the National Employment Standards (NES).

•  The dispute clause will be read as to also apply to disputes arising under the NES.

•  The clause relating to the accrual of annual leave is amended to ensure annual leave is accrued progressively in accordance with the NES.

•  The Applicant will provide that Easter Sunday is included as a public holiday.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not oppose the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The National Union of Workers (NUW), 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.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 21 October 2022.

COMMISSIONER

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