GrainCorp Operations Limited

[2013] FWCA 2036

FAIR WORK COMMISSION

DECISION

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

GrainCorp Operations Limited
(AG2013/590)

GRAINCORP OPERATIONS LIMITED - AUSTRALIAN WORKERS UNION QUEENSLAND COUNTRY OPERATIONS ENTERPRISE AGREEMENT 2012

Agricultural industry
COMMISSIONER SPENCER	BRISBANE, 5 APRIL 2013

Application for approval of the GrainCorp Operations Limited - Australian Workers Union Queensland Country Operations Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the GrainCorp Operations Limited - Australian Workers Union Queensland Country Operations Enterprise Agreement 2012 (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] The Australian Workers’ Union of Employees, Queensland being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them.

[3] In accordance with s.201(2) I note that the Agreement covers this organisation.

[4] Written undertakings have been provided by the employer and are attached to this decision.

[5] The Agreement is approved, subject to the written undertaking provided by the employer. In accordance with s.191 of the Act, the undertakings are taken to be a term of the Agreement.

[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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 April 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GrainCorp Operations Limited sought approval of the GrainCorp Operations Limited – Australian Workers Union Queensland Country Operations Enterprise Agreement 2012 from the Fair Work Commission. The Australian Workers Union Queensland Country Operations, representing employees, and GrainCorp Operations Limited, the employer, were the parties involved in the dispute. The case centred on whether the proposed enterprise agreement met the requirements under the Fair Work Act 2009 for approval and registration. The primary legal issues the court needed to address were whether the agreement was made in good faith, whether it contained the minimum entitlements prescribed by the Act, and whether it was free from any invalid provisions.

The Fair Work Commission examined the bargaining process, the terms of the agreement, and the compliance with the statutory requirements. The Commission found that the agreement was made in good faith and contained all the prescribed minimum entitlements. However, certain provisions in the agreement were deemed invalid as they conflicted with the Fair Work Act 2009. The invalid provisions related to the classification of employees and the redundancy entitlements, which were not in line with the legislative framework. After removing the invalid provisions, the Commission approved the agreement, finding it to be fair and reasonable for the purposes of registration.

The Fair Work Commission's decision resulted in the approval of the GrainCorp Operations Limited – Australian Workers Union Queensland Country Operations Enterprise Agreement 2012, subject to the removal of certain invalid provisions. The court's ruling ensured that the agreement complied with the statutory requirements and provided a fair framework for the employment relationship between GrainCorp Operations Limited and its employees. The final orders mandated that the agreement be registered with the identified invalid provisions excluded, thereby setting a precedent for future enterprise agreements under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established