GrainCorp Operations Limited

[2014] FWCA 273

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GrainCorp Operations Limited
(AG2013/12839)

GRAINCORP OPERATIONS LTD. (SUNSHINE, PORTLAND & GEELONG) AND NATIONAL UNION OF WORKERS COMPREHENSIVE AGREEMENT 2013

Grain handling industry
COMMISSIONER CRIBB	MELBOURNE, 10 JANUARY 2014

Application for approval of the GrainCorp Operations Ltd. (Sunshine, Portland & Geelong) and National Union of Workers Comprehensive Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the GrainCorp Operations Ltd. (Sunshine, Portland & Geelong) and National Union of Workers Comprehensive 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 agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The National Union of Workers (NUW) 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 10 January 2014 and, in accordance with s.54 of the Act, will operate from 17 January 2014. The nominal expiry date of the Agreement is 30 September 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GrainCorp Operations Limited applied to the Fair Work Commission for approval of a comprehensive agreement with the National Union of Workers. The dispute centred on the terms and conditions of employment for workers in the Sunshine, Portland, and Geelong regions, governed by the agreement. The Fair Work Commission, with its jurisdiction to oversee and approve enterprise agreements under the Fair Work Act 2009, was tasked with determining whether the agreement met the legal standards for approval.

The court was required to assess several key legal issues, including whether the agreement provided for a fair and reasonable minimum terms of employment, if it was free from any illegality or unfairness, and whether it complied with the statutory requirements for coverage and negotiation. The primary concern was whether the agreement provided for appropriate protections and benefits for the workers, while also ensuring that it did not impose any undue hardships on the employer.

In examining the comprehensive agreement, the Fair Work Commission found that the agreement provided for fair and reasonable minimum terms of employment. It was concluded that the agreement was free from any illegality or unfairness and met all statutory requirements for coverage and negotiation. The agreement was deemed to provide appropriate protections and benefits for the workers, while also ensuring that it did not impose any undue hardships on the employer. Consequently, the Fair Work Commission approved the GrainCorp Operations Ltd. (Sunshine, Portland & Geelong) and National Union of Workers Comprehensive Agreement 2013.

The Fair Work Commission granted the approval of the comprehensive agreement between GrainCorp Operations Limited and the National Union of Workers. This decision confirmed the agreement's compliance with the legal standards set out in the Fair Work Act 2009, ensuring the balance of interests between the employer and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established