GrainCorp Operations Limited T/A GrainCorp

[2023] FWCA 2448

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

GrainCorp Operations Limited T/A GrainCorp

(AG2023/2485)

GRAINCORP OPERATIONS LIMITED (PORTLAND TERMINAL) MAINTENANCE ENTERPRISE AGREEMENT 2022

Storage services
COMMISSIONER WILSON	MELBOURNE, 7 AUGUST 2023

Application for approval of the GrainCorp Operations Limited (Portland Terminal) Maintenance Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the GrainCorp Operations Limited (Portland Terminal) Maintenance Enterprise Agreement 2022 (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 Agreement is a single enterprise agreement.

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.

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 "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 August 2023. The nominal expiry date of the Agreement is 30 September 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

GrainCorp Operations Limited, trading as GrainCorp, applied to the Fair Work Commission for approval of the GrainCorp Operations Limited (Portland Terminal) Maintenance Enterprise Agreement 2022. The dispute centred on the terms and conditions of employment for maintenance employees at GrainCorp's Portland Terminal. The applicants argued that the proposed agreement was fair and reasonable, while the respondents contended that it did not adequately represent the interests of the employees. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement was procedurally and substantively valid. Procedurally, the Commission needed to ascertain whether the agreement had been made in accordance with the prescribed bargaining processes. Substantively, the Commission had to assess whether the agreement contained terms that were fair and reasonable in all respects, taking into account the interests of the employees and the employer. The respondents raised concerns about specific clauses in the agreement, particularly those related to casual employment, shift patterns, and allowances.

The Commission examined the evidence and submissions from both parties. It found that the agreement had been made following the correct bargaining processes, with genuine negotiations between the parties. The Commission also considered the impact of the agreement on the employees, including the provision of fair and reasonable terms in relation to pay, hours of work, and other conditions. After careful consideration, the Commission determined that the proposed agreement was fair and reasonable and met the criteria for approval under the Fair Work Act. The Commission approved the GrainCorp Operations Limited (Portland Terminal) Maintenance Enterprise Agreement 2022.

In its decision, the Commission made an order approving the GrainCorp Operations Limited (Portland Terminal) Maintenance Enterprise Agreement 2022. The agreement is to be registered by the Registrar of the Fair Work Commission and will apply to the employees covered by the agreement, effective from the date of registration. The decision ensures that the employees at GrainCorp's Portland Terminal will be governed by the terms and conditions set out in the approved agreement, providing certainty and stability in their employment arrangements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established