DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GrainCorp Operations Limited T/A GrainCorp
(AG2020/1010)

GRAINCORP OPERATIONS LIMITED (NEWCASTLE TERMINAL) ENTERPRISE AGREEMENT 2019

Storage services
DEPUTY PRESIDENT CROSS	SYDNEY, 29 APRIL 2020

Application for approval of the GrainCorp Operations Limited (Newcastle Terminal) Enterprise Agreement 2019.

[1] An application has been made for the approval of an enterprise agreement known as the GrainCorp Operations Limited (Newcastle Terminal) Enterprise Agreement 2019 (‘the Agreement’). The application was made by GrainCorp Operations Ltd (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Maritime Union of Australia (“the MUA”), have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the MUA.

[5] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 28 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

GrainCorp Operations Limited sought approval for the GrainCorp Operations Limited (Newcastle Terminal) Enterprise Agreement 2019 in the Fair Work Commission. The dispute centred on whether the agreement met the legal criteria for approval under the Fair Work Act 2009, particularly regarding its compliance with the "better off overall test" and the protection of employees' rights and interests. The applicant argued that the agreement was fair and reasonable and provided better outcomes for employees compared to the relevant award. The respondent contended that the agreement did not meet the better off overall test and that it contained provisions that were unfair or detrimental to employees.

The Commission examined the provisions of the agreement in detail, assessing whether the proposed changes would result in employees being better off overall when compared to the existing award. The analysis included a comparison of the new pay rates, conditions, and other entitlements against those provided by the relevant award. The Commission also considered the implications of the agreement on employee rights, such as the protection of job security and the provision of fair procedures for handling disputes. The Fair Work Act's objective to promote higher wages and better conditions was a guiding principle in the evaluation.

After a thorough review, the Commission found that the agreement met the criteria for approval. The proposed changes resulted in improved wages and conditions for employees, satisfying the better off overall test. The Commission was satisfied that the agreement did not unfairly disadvantage employees and that it provided adequate protections and dispute resolution mechanisms. Consequently, the application for approval was granted, and the GrainCorp Operations Limited (Newcastle Terminal) Enterprise Agreement 2019 was approved.

GrainCorp Operations Limited T/A GrainCorp

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established