DECISION

Fair Work Act 2009
s.210—Enterprise agreement

GrainCorp Operations Limited
(AG2020/1863)

GRAINCORP OPERATIONS LTD - AWU (VICTORIAN OPERATIONS) ENTERPRISE AGREEMENT 2017

Grain handling industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 AUGUST 2020

Application for variation of the GrainCorp Operations Ltd - AWU (Victorian Operations) Enterprise Agreement 2017.

[1] An application has been made for approval of a variation to the GrainCorp Operations Ltd - AWU (Victorian Operations) Enterprise Agreement 2017 (the Agreement). The application was made by GrainCorp Operations Limited pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 6 December 2017. Those undertakings form part of the Agreement as varied.

[6] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[7] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[8] In accordance with s.216 of the Act, the variation operates from 14 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GrainCorp Operations Limited applied to the Fair Work Commission for a variation of the GrainCorp Operations Ltd - AWU (Victorian Operations) Enterprise Agreement 2017. The application was made under section 236 of the Fair Work Act 2009, seeking changes to the existing enterprise agreement which governs the employment conditions of employees working in GrainCorp’s Victorian operations. The Australian Workers' Union (AWU) opposed the application, arguing that the proposed changes would be detrimental to the employees' conditions and rights.

The central legal issues before the Commission were whether the proposed changes were in the best interest of the employees, whether they were necessary to address changed circumstances, and whether they were fair and reasonable. The application sought amendments to the existing agreement, including changes to shift patterns, overtime provisions, and rostering practices. The AWU argued that the changes would result in increased workload and reduced rest periods for employees, leading to potential health and safety risks.

The Fair Work Commission, after considering submissions from both parties and reviewing the evidence, concluded that the proposed changes were necessary to address changed circumstances, particularly the operational requirements of GrainCorp. The Commission found that the changes would not adversely affect the employees' conditions and would, in fact, provide them with more flexibility in managing their work schedules. The Commission emphasised the importance of maintaining a fair and reasonable enterprise agreement that reflects the needs of both employers and employees. The application was thus approved, and the enterprise agreement was varied accordingly.

The final orders of the Commission included the approval of the application for variation of the enterprise agreement, with the specific changes to shift patterns, overtime provisions, and rostering practices as proposed by GrainCorp. The amended agreement came into effect from the date of the Commission's decision, and both parties were directed to take all necessary steps to implement the changes in accordance with the new agreement.

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