GrainCorp Operations Limited

[2014] FWCA 6691

FAIR WORK COMMISSION

DECISION

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

GrainCorp Operations Limited
(AG2014/7173)

GRAINCORP OPERATIONS LTD QUEENSLAND COUNTRY MAINTENANCE ENTERPRISE AGREEMENT 2014

Agricultural industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 23 SEPTEMBER 2014

Application for approval of the GrainCorp Operations Ltd Queensland Country Maintenance Enterprise Agreement 2014.

[1] GrainCorp Operations Limited applies for approval of an enterprise agreement known as the GrainCorp Operations Ltd Queensland Country Maintenance Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), and The Australian Workers’ Union (AWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that the organisations want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] Undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[5] The Agreement does not contain a model consultation clause. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54, will operate from 30 September 2014. The nominal expiry date of the Agreement is 1 September 2017.

DEPUTY PRESIDENT

1 Section 2.09 and Schedule 2.3 of the Fair Work Regulations 2009

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of GrainCorp Operations Limited, the Fair Work Commission was asked to approve an enterprise agreement proposed by GrainCorp Operations Limited. The dispute arose from the negotiation process of the GrainCorp Operations Ltd Queensland Country Maintenance Enterprise Agreement 2014. The commission was required to determine whether the agreement met the necessary requirements under the Fair Work Act 2009 and if it was appropriately negotiated in accordance with the provisions of the Act.

The legal issues before the commission were centred around whether the agreement was fairly and properly negotiated, whether it complied with the procedural and substantive requirements of the Fair Work Act, and whether it was in the best interests of the employees covered by the agreement. The commission needed to assess whether the agreement contained all the mandated minimum terms and conditions and if it was free from any unfair content that might contravene the Act.

The commission found that the agreement had been fairly negotiated and contained all the necessary minimum terms and conditions as required by the Fair Work Act. The agreement was deemed to be beneficial for the employees, providing them with fair and reasonable terms of employment. The commission was satisfied that the agreement met all the legislative requirements and was in the best interests of the employees. Consequently, the commission approved the GrainCorp Operations Ltd Queensland Country Maintenance Enterprise Agreement 2014.

The Fair Work Commission approved the GrainCorp Operations Ltd Queensland Country Maintenance Enterprise Agreement 2014, confirming its compliance with the Fair Work Act and its fair negotiation process. The agreement was found to be in the best interests of the employees and was thus approved by the commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established