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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, GrainCorp Operations Limited sought approval of the GrainCorp Operations Limited (Victorian Country Maintenance) Enterprise Agreement 2020. The dispute arose under the Fair Work Act 2009, specifically concerning the process of registering the enterprise agreement. The main issues before the commission were whether the agreement met the statutory requirements for direct registration and if the necessary consultation processes were followed.

The commission first considered whether the agreement satisfied the criteria for direct registration, which includes whether the agreement deals with the terms and conditions of employment and whether it was made in good faith. Additionally, the commission examined whether there was adequate consultation between the parties, as required by the Act. The employer argued that it had conducted sufficient consultation with its employees, while the employees claimed that the consultation process was inadequate and did not meet the legal standards.

After reviewing the evidence presented, the commission found that the agreement met the criteria for direct registration. It was concluded that the agreement properly dealt with the terms and conditions of employment and was made in good faith. Regarding the consultation process, the commission found that while there were shortcomings, the overall process was sufficient to meet the requirements of the Act. The commission emphasised that the focus should be on the overall adequacy of the consultation rather than minor procedural issues.

The commission approved the GrainCorp Operations Limited (Victorian Country Maintenance) Enterprise Agreement 2020 for direct registration, noting that the agreement was in the best interests of the employees. The decision was made on the basis that despite some procedural shortcomings, the overall process of consultation was adequate, and the agreement met the necessary legal standards. The approval was effective from the date of the decision.

GrainCorp Operations Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established