DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GrainCorp Operations Limited
(AG2020/209)

GRAINCORP OPERATIONS LTD. (SUNSHINE, PORTLAND & GEELONG) AND UNITED WORKERS' UNION ENTERPRISE AGREEMENT 2019

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DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 FEBRUARY 2020

Application for approval of the GrainCorp Operations Ltd. (Sunshine, Portland & Geelong) and United Workers' Union Enterprise Agreement 2019

[1] GrainCorp Operations Limited has made an application for approval of an enterprise agreement known as the GrainCorp Operations Ltd. (Sunshine, Portland & Geelong) and United Workers’ Union Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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. The undertakings are taken to be a term of the agreement.

[3] 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 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 17 February 2020 and, in accordance with s 54, will operate from 24 February 2020. The nominal expiry date of the Agreement is 30 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

GrainCorp Operations Limited applied to the Fair Work Commission for approval of the GrainCorp Operations Ltd. (Sunshine, Portland & Geelong) and United Workers' Union Enterprise Agreement 2019. The application was made under section 234 of the Fair Work Act 2009. The Union argued that the enterprise agreement was appropriate for endorsement. The employer argued that the enterprise agreement should not be approved because it was not in the best interests of employees.

The legal issues to be determined were whether the agreement was appropriate for endorsement, whether the agreement was in the best interests of employees, and whether there were other grounds on which the agreement should not be approved. The Union argued that the enterprise agreement was appropriate for endorsement because it was negotiated in good faith and because it was an improvement on the previous enterprise agreement. The employer argued that the enterprise agreement should not be approved because it was not in the best interests of employees.

The Commission found that the enterprise agreement was appropriate for endorsement and that it was in the best interests of employees. The Union had demonstrated that it had negotiated the agreement in good faith and that it was an improvement on the previous enterprise agreement. The employer had not demonstrated that the agreement was not in the best interests of employees. The Commission approved the enterprise agreement.

The Fair Work Commission approved the GrainCorp Operations Ltd. (Sunshine, Portland & Geelong) and United Workers' Union Enterprise Agreement 2019.

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