Graincorp Operations Limited t/a Graincorp
[2025] FWCA 629
•18 FEBRUARY 2025
| [2025] FWCA 629 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Graincorp Operations Limited t/a Graincorp
(AG2024/4772)
GRAINCORP OPERATIONS LIMITED – NSW COUNTRY OPERATIONS ENTERPRISE AGREEMENT 2024
| Grain handling industry | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 18 FEBRUARY 2025 |
Application for approval of the GrainCorp Operations Limited – NSW Country Operations Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the GrainCorp Operations Limited – NSW Country Operations Enterprise Agreement 2024 (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 t/a Graincorp (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representative for the agreement were sought in relation to the undertakings. The bargaining representative has indicated their acceptance of the undertakings provided. 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.
Having regard to the supporting material and the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met.
I note that Clause 7.1 of the Agreement provides that where there is an inconsistency between the agreement and National Employment Standards (NES), and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.
The Australian Workers Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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