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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CaseChat Overview and Summary

The matter involved GrainCorp Operations Limited and the Maritime Union of Australia, with the Fair Work Commission adjudicating on the application for approval of the GrainCorp Operations Limited Queensland Operations Enterprise Agreement 2019. The dispute centred on whether the agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009. The issues before the Commission included the fairness of the agreement, its compliance with procedural requirements, and its alignment with the national workplace relations system.

The Commission examined the arguments presented by both parties, focusing on the procedural fairness of the agreement and the compliance with the Act's requirements. GrainCorp contended that the agreement was fair and reasonable and had been negotiated in good faith, while the Maritime Union of Australia argued that certain aspects of the agreement did not meet the statutory criteria. The Commission assessed the fairness of the agreement by considering the balance of benefits and detriments, the transparency of the process, and the extent to which the agreement facilitated the primary purpose of the Act. Additionally, the Commission scrutinised whether the agreement had been negotiated in good faith and whether it complied with the procedural requirements outlined in the Act.

After evaluating the evidence and submissions, the Commission found that the GrainCorp Operations Limited Queensland Operations Enterprise Agreement 2019 was fair and reasonable. The Commission concluded that the agreement had been negotiated in good faith and complied with the statutory requirements under the Fair Work Act 2009. The Commission was satisfied that the agreement was procedurally fair, balanced the interests of the parties, and facilitated the primary purpose of the Act, which is to provide for a productive and fair workplace relations system. Therefore, the application for approval was granted.

The Fair Work Commission approved the GrainCorp Operations Limited Queensland Operations Enterprise Agreement 2019, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were required to comply with its terms. The decision confirmed the agreement's validity and provided certainty to both GrainCorp and the Maritime Union of Australia regarding the terms and conditions of employment under 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