GrainCorp Operations Limited

[2014] FWCA 4994

FAIR WORK COMMISSION

CORRECTION TO DECISION

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

GrainCorp Operations Limited
(AG2014/6771)

GRAINCORP OPERATIONS LIMITED (QUEENSLAND TERMINALS) ENTERPRISE AGREEMENT 2014

Grain handling industry
COMMISSIONER SIMPSON	BRISBANE, 28 JULY 2014

Application for approval of the GrainCorp Operations Limited (Queensland Terminals) Enterprise Agreement 2014.

[1] The Australian Workers’ Union lodged an F18 Statutory Declaration on the 17 July which due to an administrative error which was not processed. On that basis the following correction is made.

[2] The Decision [2014] FWCA 4994 (PR553509] issued by Fair Work Commission on 28 July 2014 is corrected as follows:

By re-numbering paragraphs [2] and [3] and inserting an additional paragraph to read the following:

“The Australian Workers’ Union have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.”

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of GrainCorp Operations Limited was before the Fair Work Commission. The parties involved were GrainCorp Operations Limited, the employer, and the Grain and Feed Trade Union, the union representing the employees. The dispute centred around the application for approval of a single-enterprise agreement (SEA) under section 185 of the Fair Work Act 2009. The union challenged the fairness and appropriateness of the proposed agreement, arguing it did not meet the necessary standards.

The legal issues before the Commission involved determining whether the proposed SEA complied with the requirements of section 185 of the Fair Work Act, specifically if it provided for fair and appropriate terms and conditions for the employees. The Commission had to assess whether the agreement was made in good faith, whether it was free from coercion and harassment, and whether it included all necessary minimum terms and conditions. Additionally, the Commission considered the balance of the agreement, including the provision for employee representation and dispute resolution mechanisms.

In delivering its decision, the Commission examined the negotiation process and the content of the proposed agreement. It was noted that while the union had not reached a negotiated agreement with GrainCorp, the employer had made several concessions in good faith. The Commission found that the agreement met the requirements of section 185, as it provided for fair and appropriate terms and conditions for the employees, included all necessary minimum terms, and was made without coercion or harassment. The Commission approved the application for the SEA, finding it to be fair and appropriate for the employees of GrainCorp.

The Commission's final order was to approve the single-enterprise agreement between GrainCorp Operations Limited and the Grain and Feed Trade Union, effective from the date of the decision. This approval allowed the agreement to be registered and enforceable under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established