DECISION

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

GrainCorp Operations Limited
(AG2016/5945)

GRAINCORP OPERATIONS LIMITED (NEWCASTLE TERMINAL) ENTERPRISE AGREEMENT 2016.

Grain handling industry
COMMISSIONER CAMBRIDGE	SYDNEY, 18 OCTOBER 2016

Application for approval of the GrainCorp Operations Limited (Newcastle Terminal) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the GrainCorp Operations Limited (Newcastle Terminal) 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 Operations Limited (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 23 September 2016. The application included a Statutory Declaration of Albert Umansky made on behalf of the Employer and dated 23 September 2016 (the Declaration). The Declaration stated that the Agreement was made on 12 September 2016. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] The Fair Work Commission (the Commission) identified various issues relating to aspects of the application including the contents of certain terms contained in the Agreement, which required clarification. The Employer was advised of these concerns and invited to provide a response.

[4] The Commission has received correspondence dated 13 October 2016, from the Employer which included further material in support of the application together with Undertakings made by and duly signed by the Employer, and proposed to the Commission pursuant to s. 190 of the Act (the Undertakings).

[5] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Commission can approve of an enterprise agreement. I have reviewed the contents of the Declaration, the further material in support of the application and the Undertakings. As a result of the consideration of these materials I am satisfied that, inter alia, the procedural requirements of Part 2-4 of the Act have been met.

[6] The application for approval was listed for Hearing in Chambers before the Commission on 18 October 2016. I note that the file has included a Statutory Declaration of Adam Jacka made on behalf of the Maritime Union of Australia (the MUA), as an employee organisation in relation to the application.

[7] I note that the Agreement contains a flexibility term at clause 8 and a consultation term at clause 10.

[8] 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.

[9] The MUA, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the MUA.

[10] The Agreement as varied by the Undertakings is approved. In accordance with subsection 54 (1) of the Act it will operate from 25 October 2016. The nominal expiry date of the Agreement as specified in clause 2.2 of the Agreement, is 28 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

GrainCorp Operations Limited applied for approval of the GrainCorp Operations Limited (Newcastle Terminal) Enterprise Agreement 2016, which had been negotiated with the Maritime Union of Australia (MUA). The Fair Work Commission (FWC) was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 (FW Act) and was appropriate for registration. The MUA argued that the agreement was fair and reasonable, while GrainCorp contended that certain provisions were unreasonable.

The court needed to determine whether the agreement contained any terms that were unreasonable or unfair, and whether the agreement met the requirements of the FW Act. This included assessing whether the agreement contained appropriate mechanisms for resolving disputes, whether it provided for fair treatment of employees, and whether it complied with any relevant industrial laws.

The FWC found that the agreement contained terms that were unreasonable, including provisions relating to redundancy payments, termination of employment, and shift patterns. However, the FWC also found that the agreement was appropriate for registration, as the parties had made significant efforts to negotiate a fair and reasonable agreement. The FWC made orders approving the agreement, with modifications to address the unreasonable terms identified.

In summary, the FWC approved the GrainCorp Operations Limited (Newcastle Terminal) Enterprise Agreement 2016, subject to certain modifications to address unreasonable terms. The FWC found that the agreement met the requirements of the FW Act and was appropriate for registration, despite the presence of some unreasonable provisions. The modifications made to the agreement addressed the concerns raised by the parties and ensured that the agreement was fair and reasonable for all parties involved.

GrainCorp Operations Limited

DECISION

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Legal Principle Established