GrainCorp Operations Limited Summary

[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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CaseChat Overview and Summary

GrainCorp Operations Limited sought approval of an Enterprise Agreement with its employees in the Victorian country maintenance division. The application was heard in the Fair Work Commission. The legal issues before the Commission were whether the agreement complied with the statutory requirements for approval under the Fair Work Act 2009, including whether it provided for the proper protection of employees' interests and whether it was free from prohibited content. The Commission found that the agreement met the necessary criteria. It provided for appropriate protections for employees, including provisions for leave, overtime, and penalty rates, and was free from any content that would be considered contrary to public policy or contrary to the spirit of the Act. The Commission also considered the views of both parties and the broader implications of approving the agreement for the industry. Ultimately, the Commission approved the agreement, finding that it was in the best interests of the employees and the industry. The decision was made in the context of the Commission's broader role in facilitating fair and efficient workplace relations in Australia. The final orders of the Commission included the approval of the Enterprise Agreement and directions for its registration with the Fair Work Commission.

GrainCorp Operations Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established