Graincorp Operations Limited

[2024] FWCA 3944

[2024] FWCA 3944

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Graincorp Operations Limited

(AG2024/4068)

GRAINCORP OPERATIONS LTD (VICTORIAN OPERATIONS) ENTERPRISE AGREEMENT 2024

Grain handling industry
COMMISSIONER REDFORD	MELBOURNE, 13 NOVEMBER 2024

Application for approval of the GrainCorp Operations Ltd (Victorian Operations) Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the GrainCorp Operations Ltd (Victorian Operations) Enterprise Agreement 2024 (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 Agreement is a single enterprise agreement.

Casual employees

1. On 12 November 2024 my chambers sent correspondence to the Employer outlining a query regarding casual employees. Taking into account the decision of the Full Bench in Appeal by Kmart Australia Limited & Ors[1], I sought clarification that each of the persons involved in the vote were eligible to be involved. The response provided by the Employer satisfies me that each of the persons balloted in the vote were eligible to participate in it, including each of the persons engaged as a casual employee, taking into account the principles in Kmart.  

Undertakings and the NES.

1. The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

1. I observe that the following provisions may be inconsistent with the National Employment Standards (NES):

·   Clause 32 – Notice of Termination

·   Clause 34 – Public Holidays

·   Clause 35 – Annual Leave

·   Clause 36 – Personal Leave

·   Clause 37 – Compassionate Leave

However, noting clause 52 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Mandatory terms – workplace delegates rights term.

1. Taking into account undertaking [1] provided by the Employer, I am satisfied that the delegates rights term in the agreement is no less favourable than the delegates rights term in the relevant modern award. 

Consideration and approval

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

1. The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 November 2024.

COMMISSIONER

Annexure A

[1] [2019] FWCFB 7599

Printed by authority of the Commonwealth Government Printer

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