GrainCorp Operations Limited Summary

[2014] FWCA 2990

FAIR WORK COMMISSION

DECISION

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

GrainCorp Operations Limited
(AG2014/5762)

GRAINCORP OPERATIONS LIMITED (NEWCASTLE TERMINAL) ENTERPRISE AGREEMENT 2013

Grain handling industry
COMMISSIONER CAMBRIDGE	SYDNEY, 7 MAY 2014

Application for approval of the GrainCorp Operations Limited (Newcastle Terminal) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the GrainCorp Operations Limited (Newcastle Terminal) Enterprise Agreement 2013 (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 Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 22 April 2014. The application included a Statutory Declaration of Anjanette Murfet made on behalf of the Employer and dated 22 April 2014 (the Declaration). The Declaration stated that the Agreement was made on 7 April 2014. The fourteenth day after the day that the Agreement was made was a public holiday (Easter Monday), and therefore, by virtue of the operation of subsection 36 (2) of the Acts Interpretation Act 1901, the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 7 May 2014. I note that the file has included a Statutory Declaration of Adam Jacka made on behalf of the Maritime Union of Australia (the MUA), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 7 and a consultation term at clause 6.

[6] 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.

[7] The MUA, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the MUA.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 14 May 2014. The nominal expiry date of the Agreement as specified in clause 4 of the Agreement, is 28 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, GrainCorp Operations Limited applied for the approval of the GrainCorp Operations Limited (Newcastle Terminal) Enterprise Agreement 2013. The dispute centered on the validity and fairness of the proposed enterprise agreement, which aimed to regulate the employment terms and conditions of GrainCorp's employees at its Newcastle Terminal. The primary issue was whether the agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was genuinely negotiated, if it provided for fair terms and conditions, and if it adhered to the procedural requirements stipulated by the Act.

The Commission addressed several critical legal considerations, including the authenticity of the negotiation process, the fairness of the terms proposed, and compliance with the statutory prerequisites for approval. It was imperative to establish that the agreement was the result of genuine bargaining between the employer and the employees' representatives. Furthermore, the Commission evaluated whether the terms of the agreement were fair and reasonable, taking into account the principles of public policy and the overarching objectives of the Fair Work Act, such as promoting productive and harmonious workplace relations. Additionally, the Commission examined if the proper procedures were followed in the making of the agreement, including the notification and consultation processes.

Upon examining the evidence and submissions, the Commission concluded that the GrainCorp Operations Limited (Newcastle Terminal) Enterprise Agreement 2013 was genuinely negotiated and contained terms and conditions that were fair and reasonable. The Commission found that the negotiation process was legitimate, and the agreement was in line with the statutory requirements for approval. The Commission also determined that the agreement did not contravene any public policy considerations and was consistent with the objectives of the Fair Work Act. Consequently, the Commission approved the agreement, recognising it as a valid and binding enterprise agreement.

GrainCorp Operations Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established