GrainCorp Operations Limited T/A GrainCorp

[2020] FWCA 2230

[2020] FWCA 2230

FAIR WORK COMMISSION

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

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Annexure A