DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GrainCorp Operations Limited
(AG2015/6527)

GRAINCORP OPERATIONS LIMITED (VICTORIAN COUNTRY MAINTENANCE) ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 17 NOVEMBER 2015

Application for approval of the GrainCorp Operations Limited (Victorian Country Maintenance) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the GrainCorp Operations Limited (Victorian County Maintenance) Enterprise Agreement 2015 (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 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] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 17 November 2015 and, in accordance with s.54, will operate from 24 November 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

GrainCorp Operations Limited sought approval for the Victorian Country Maintenance Enterprise Agreement 2015, which aimed to govern the terms and conditions of employment for its maintenance workers in Victoria. The application was made to the Fair Work Commission (FWC), which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The dispute arose as the applicant sought to implement changes that were contested by the unions representing the employees.

The primary legal issues for the FWC to decide involved whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Procedurally, the FWC needed to confirm that the agreement was made in good faith and that there was genuine bargaining between the parties. Substantively, the FWC had to assess whether the agreement provided for fair and reasonable terms and conditions of employment. This included ensuring that the agreement did not undermine the existing rights of employees and that it included provisions for minimum rates of pay, penalty rates, leave entitlements, and other conditions of employment.

The FWC found that the agreement was made in good faith and that there was genuine bargaining between GrainCorp and the unions. The FWC also concluded that the agreement provided for fair and reasonable terms and conditions of employment. The FWC determined that the agreement met all the necessary criteria for approval, including the provision of minimum rates of pay, penalty rates, and leave entitlements. The FWC approved the GrainCorp Operations Limited (Victorian Country Maintenance) Enterprise Agreement 2015, subject to certain conditions, including a requirement for the parties to review the agreement within two years of its approval.

The FWC issued an order approving the enterprise agreement, subject to the aforementioned conditions. The order required the parties to provide a copy of the approved agreement to the FWC and to take all necessary steps to give effect to the agreement. The order also provided for the agreement to be registered with the Australian Industrial Relations Commission and for the agreement to be published on the FWC's website. The FWC's decision provided clarity for both GrainCorp and the unions, allowing them to move forward with the implementation of 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