DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GrainCorp Operations Limited T/A GrainCorp
(AG2018/3557)

GRAINCORP OPERATIONS LIMITED (PORT KEMBLA TERMINAL) ENTERPRISE AGREEMENT 2018

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 NOVEMBER 2018

Application for approval of the GrainCorp Operations Limited (Port Kembla Terminal) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the GrainCorp Operations Limited (Port Kembla Terminal) Enterprise Agreement 2018 (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 November 2018. The nominal expiry date of the Agreement is 12 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GrainCorp Operations Limited, trading as GrainCorp, brought an application to the Fair Work Commission for the approval of the GrainCorp Operations Limited (Port Kembla Terminal) Enterprise Agreement 2018. The application was made under section 234 of the Fair Work Act 2009. The primary issue before the Commission was whether the enterprise agreement met the requirements of the Act, particularly in terms of its procedural fairness and the process by which it was negotiated.

The Commission examined the negotiation process to determine if it was conducted in good faith and whether all employees were adequately informed and had the opportunity to participate. Furthermore, the Commission considered whether the agreement provided for appropriate mechanisms for resolving disputes and ensuring fair treatment of employees. The Commission also assessed whether the agreement contained provisions that were contrary to public policy or were otherwise unfair or unreasonable.

In its decision, the Commission found that the negotiation process was conducted in good faith and that all employees were given sufficient notice and the opportunity to participate in the negotiations. The Commission was satisfied that the agreement contained adequate dispute resolution mechanisms and did not contravene any public policy considerations. Consequently, the Commission approved the enterprise agreement under section 235 of the Fair Work Act 2009. The Commission noted that the agreement would now be registered and would have effect from the date of the approval, ensuring that it would bind both GrainCorp and its employees going forward.

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