GrainCorp Operations Limited

[2013] FWCA 1026

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GrainCorp Operations Limited
(AG2013/128)

GRAINCORP OPERATIONS LTD - AWU (NSW COUNTRY OPERATIONS) ENTERPRISE AGREEMENT 2012

Grain handling industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 13 FEBRUARY 2013

Application for approval of the GrainCorp Operations Ltd - AWU (NSW Country Operations) Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the GrainCorp Operations Ltd - AWU (NSW 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, 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2013. The nominal expiry date of the Agreement is 30 September 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GrainCorp Operations Limited recently came before the Fair Work Commission where the company sought approval of the GrainCorp Operations Ltd - AWU (NSW Country Operations) Enterprise Agreement 2012. The Australian Workers' Union (AWU) and GrainCorp had entered into the agreement, which aimed to regulate the terms and conditions of employment for certain workers. The application was made under the Fair Work Act 2009, which empowers the Fair Work Commission to approve such agreements if it is satisfied that they meet the requirements of the Act.

The primary legal issue before the Fair Work Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act, particularly sections 230 and 231. Section 230 mandates that the agreement must be in writing and cover specific topics including, but not limited to, wages, classification of employees, and working hours. Section 231 requires that the agreement be free from any provisions that would undermine the operation of the Act or any other industrial instrument. The Commission also had to consider whether the agreement was genuinely negotiated and met the standard of being "better off overall" for the employees.

In its decision, the Fair Work Commission assessed the agreement against these legal criteria. The Commission found that the agreement comprehensively covered the required topics and was free from any provisions that would undermine the Act. The Commission also determined that the agreement had been genuinely negotiated between the parties and that the employees would be better off overall under the terms of the agreement compared to the previous arrangements. Consequently, the Fair Work Commission approved the GrainCorp Operations Ltd - AWU (NSW Country Operations) Enterprise Agreement 2012, deeming it to be in compliance with the Fair Work Act.

The Fair Work Commission's final order was that the GrainCorp Operations Ltd - AWU (NSW Country Operations) Enterprise Agreement 2012 be approved and registered under the Fair Work Act. This approval ensures that the terms and conditions outlined in the agreement are legally binding and enforceable for the employees and the employer. The decision provides certainty and stability in the employment relationship between GrainCorp and the AWU, as well as adherence to the regulatory framework established by the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established