Graincorp Operations Limited

[2021] FWCA 7031

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Graincorp Operations Limited
(AG2021/8335)

GRAINCORP OPERATIONS LIMITED (WEST FOOTSCRAY) - UWU ENTERPRISE AGREEMENT 2021

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 10 DECEMBER 2021

Application for approval of the GrainCorp Operations Limited (West Footscray) - UWU Enterprise Agreement 2021.

[1] Graincorp Operations Limited has applied for approval of a single enterprise agreement known as the GrainCorp Operations Limited (West Footscray) - UWU Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met and whether the Agreement contravenes s.55 of the Act. Further information and evidence was provided in relation to these concerns.

[3] A written undertaking was given in accordance with s.190 of the Act and is attached at Annexure A (Undertaking). The bargaining representatives either supported or did not oppose the Undertaking. I am satisfied that the Undertaking will not cause financial detriment to any employee covered by the Agreement and that the Undertaking will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertaking is taken to be a term of the Agreement.

[4] Noting the Undertaking, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertaking, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[7] The Agreement was approved on 10 December 2021 and, in accordance with s.54, will operate from 17 December 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Graincorp Operations Limited sought approval for the GrainCorp Operations Limited (West Footscray) - UWU Enterprise Agreement 2021, which aimed to regulate employment terms and conditions for certain employees within its West Footscray site. The case was heard in the Fair Work Commission, which was tasked with determining whether the proposed agreement met the legal requirements and whether it should be certified as a single-enterprise agreement.

The primary legal issues before the Commission included whether the agreement was genuinely negotiated and whether it complied with the Fair Work Act 2009. The Commission also had to consider if the agreement met the criteria for being a single-enterprise agreement, including the necessity to cover a majority of employees in the relevant enterprise. Additionally, the Commission needed to assess whether the proposed agreement contained terms that were adverse to the employees and if those terms were justifiable under the provisions of the Fair Work Act.

In its decision, the Commission found that the agreement had been genuinely negotiated between Graincorp Operations Limited and the United Workers Union. The Commission determined that the proposed agreement met all the statutory requirements of the Fair Work Act and contained no adverse terms that would render it invalid. The Commission was satisfied that the agreement would provide for the employees' fair and equitable terms of employment, ensuring compliance with the legislative framework. Based on these findings, the Commission approved the GrainCorp Operations Limited (West Footscray) - UWU Enterprise Agreement 2021 and certified it as a single-enterprise agreement.

The Commission's final order was to approve and certify the GrainCorp Operations Limited (West Footscray) - UWU Enterprise Agreement 2021, effective from the date of the decision. This approval meant that the agreement would now legally bind the employees and the employer, governing their employment terms and conditions for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established