DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GrainCorp Operations Limited
(AG2015/4769)

GRAINCORP OPERATIONS LIMITED - AUSTRALIAN WORKERS UNION QUEENSLAND COUNTRY OPERATIONS ENTERPRISE AGREEMENT 2015

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DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 SEPTEMBER 2015

Application for approval of the GrainCorp Operations Limited - Australian Workers Union Queensland Country Operations Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the GrainCorp Operations Limited - Australian Workers Union Queensland Country Operations 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, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Australian Workers’ Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 7 September 2015 and, in accordance with s.54, will operate from 14 September 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

GrainCorp Operations Limited, the applicant, sought approval of an enterprise agreement under the Fair Work Act 2009 from the Fair Work Commission. The Australian Workers Union Queensland Country Operations, the respondent, did not oppose the application. The dispute centred on whether the proposed agreement complied with the legal requirements set out in the Act, particularly regarding the process for approval of the agreement.

The central legal issue was whether the agreement was "fair and appropriate" and whether the requisite procedural steps had been correctly followed. The agreement's fairness and appropriateness were evaluated in terms of its compliance with the Act's criteria and its alignment with the principles of good faith bargaining. The procedural steps were assessed based on whether there had been proper notice, consultation, and opportunity for objections.

The Commission found that the agreement met all necessary legal criteria. The applicant had conducted extensive consultation and provided ample opportunity for objections, as required by the Act. The agreement was deemed fair and appropriate, as it addressed the legitimate needs of the parties and aligned with the principles of good faith bargaining. Consequently, the application was approved.

The Fair Work Commission approved the GrainCorp Operations Limited - Australian Workers Union Queensland Country Operations Enterprise Agreement 2015. This decision confirmed that the agreement was fair and appropriate, and that the necessary procedural steps had been followed. The approval was based on the evidence presented by the applicant and the absence of opposition from the respondent.

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