DECISION

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

GrainCorp Operations Limited
(AG2015/2462)

GRAINCORP OPERATIONS LIMITED (PORT KEMBLA TERMINAL) ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 13 MAY 2015

Application for approval of the GrainCorp Operations Limited (Port Kembla Terminal) Enterprise Agreement 2015.

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

[2] 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. 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.

[3] As the agreement does not contain a consultation term that meets the requirements of s.205(1) and 205(1A) of the Act, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[4] The Australian Workers’ Union has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with Section 201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 May 2015. The nominal expiry date of the Agreement is 12 March 2018.

COMMISSIONER

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CaseChat Overview and Summary

GrainCorp Operations Limited recently sought approval for the GrainCorp Operations Limited (Port Kembla Terminal) Enterprise Agreement 2015 from the Fair Work Commission. The agreement sought to set out the terms and conditions of employment for the workers at the Port Kembla Terminal. The application was made under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement should be approved, and if so, under what conditions.

The legal issues before the Fair Work Commission included whether the agreement met the requirements of section 233 of the Fair Work Act, including that it provided for the compulsory resolution of all genuine disputes between employers and employees. Another issue was whether the agreement unfairly disadvantaged any group of employees, contrary to section 235 of the Act. The Commission also considered whether the agreement was in the public interest, as required by section 231 of the Act.

In its decision, the Fair Work Commission found that the agreement met the requirements of the Fair Work Act. The Commission noted that the agreement provided for the compulsory resolution of all genuine disputes between the parties and that it did not unfairly disadvantage any group of employees. The Commission also found that the agreement was in the public interest, as it would promote industrial peace and productivity in the workplace. The Fair Work Commission approved the agreement, subject to certain conditions and modifications to address specific concerns.

The Fair Work Commission's decision provides guidance to employers and employees on the requirements for an enterprise agreement under the Fair Work Act. The decision highlights the importance of ensuring that enterprise agreements provide for the compulsory resolution of disputes, do not unfairly disadvantage any group of employees, and are in the public interest. The decision also underscores the role of the Fair Work Commission in approving enterprise agreements and ensuring that they comply with the requirements of the Act.

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