GrainCorp Operations Limited

[2014] FWCA 2547

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GrainCorp Operations Limited
(AG2014/3484)

GRAINCORP OPERATIONS LIMITED (PORTLAND TERMINAL) MAINTENANCE ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 16 APRIL 2014

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

[1] An application has been made for approval of an enterprise agreement known as the GrainCorp Operations Limited (Portland Terminal) Maintenance Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by GrainCorp Operations Limited. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from GrainCorp Operations Limited. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision as Attachment A.

[4] The consultation term of the Agreement does not meet the requirements of s.205(1) and s.205(1A) of the Act. In accordance with s.205(2) of the Act, the model consultation term, as set out in Schedule 2.3 of the Fair Work Regulations 2009, is taken to be a term of the Agreement. The model consultation term is attached to this decision as Attachment B.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 April 2014. The nominal expiry date of the Agreement is 30 September 2016.

DEPUTY PRESIDENT

Attachment A:

Attachment B:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the court was made by GrainCorp Operations Limited, seeking approval for the GrainCorp Operations Limited (Portland Terminal) Maintenance Enterprise Agreement 2013. The primary dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The application was heard in the Fair Work Commission, with Commissioner Loudon presiding.

The legal issues addressed by the court involved determining whether the agreement complied with the procedural requirements set out in the Fair Work Act and whether it provided fair and appropriate terms and conditions for the employees covered by the agreement. Specifically, the court needed to consider whether the agreement had been made in good faith, involved genuine bargaining, and met the criteria for approval, including the protection of employees' rights and the provision of a fair and reasonable enterprise agreement.

The court examined the evidence presented regarding the bargaining process and concluded that the agreement was made in good faith and involved genuine bargaining. The court also found that the agreement met the criteria for approval under the Fair Work Act, as it provided fair and appropriate terms and conditions for the employees. The court noted the agreement's provisions for minimum wages, penalties for breaches, and the protection of employees' rights, among other factors, as evidence of its compliance with the Act. Consequently, the court approved the GrainCorp Operations Limited (Portland Terminal) Maintenance Enterprise Agreement 2013.

As a result of the court's decision, the agreement was approved and will now serve as the basis for the terms and conditions of employment for the employees covered by it. The court's approval ensures that the agreement provides a fair and reasonable framework for the employer and employees to work within, while also protecting the rights and interests of both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established