GrainCorp Operations Limited

[2014] FWCA 2547

[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:

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