GrainCorp Operations Limited

[2021] FWCA 459

[2021] FWCA 459

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GrainCorp Operations Limited
(AG2020/4099)

GRAINCORP OPERATIONS LIMITED (VICTORIAN COUNTRY MAINTENANCE) ENTERPRISE AGREEMENT 2020

Grain handling industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 1 FEBRUARY 2021

Application for approval of the GrainCorp Operations Limited (Victorian Country Maintenance) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the GrainCorp Operations Limited (Victorian Country Maintenance) Enterprise Agreement 2020 (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 Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 1 February 2021 and, in accordance with s.54, will operate from 8 February 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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Annexure A