GrainCorp Operations Limited

[2013] FWCA 181

[2013] FWCA 181

FAIR WORK COMMISSION

DECISION

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

GrainCorp Operations Limited
(AG2012/13073)

GRAINCORP OPERATIONS LIMITED (VICTORIAN COUNTRY MAINTENANCE) ENTERPRISE AGREEMENT 2012

Grain handling industry
COMMISSIONER HAMPTON	ADELAIDE, 9 JANUARY 2013

Application for approval of the GrainCorp Operations Limited (Victorian Country Maintenance) Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the GrainCorp Operations Limited (Victorian Country Maintenance) Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) 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 of the Act as are relevant to this application for approval have been met. In reaching this conclusion, I note that the reference award for the purposes of s.193 of the Act is the Vicgrain Limited Administrative, Technical and Maintenance Employees Award [AP802130 - NAPSA], being an Enterprise Award that has been preserved by virtue of Item 18 of Schedule 7 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 each wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers both organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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