DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GrainCorp Operations Limited T/A GrainCorp Limited
(AG2016/7612)

GRAINCORP OPERATIONS LTD. (SUNSHINE, PORTLAND & GEELONG) AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2016

Grain handling industry
COMMISSIONER LEE	MELBOURNE, 24 JANUARY 2017

Application for approval of the GrainCorp Operations Ltd. (Sunshine, Portland & Geelong) and National Union of Workers Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the GrainCorp Operations Ltd. (Sunshine, Portland & Geelong) and National Union of Workers Enterprise Agreement 2016 (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 Limited. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

GrainCorp Operations Limited, trading as GrainCorp Limited, applied to the Fair Work Commission for the approval of the GrainCorp Operations Ltd. (Sunshine, Portland & Geelong) and National Union of Workers Enterprise Agreement 2016. The dispute centred around the validity and fairness of the proposed enterprise agreement, which aimed to govern the terms and conditions of employment for certain employees. The Commission was tasked with determining whether the agreement met the statutory requirements and was fair and reasonable.

The primary legal issues before the Commission were whether the agreement had been made in accordance with the procedural fairness principles and whether the agreement was a "genuine" enterprise agreement. The Commission had to examine the process by which the agreement was negotiated and whether it had been done so with appropriate representation and consultation. Additionally, the Commission needed to assess the substantive fairness of the agreement, considering whether it provided for appropriate terms and conditions of employment that balanced the interests of both the employer and employees.

The Commission found that the agreement had been made in accordance with procedural fairness principles. The negotiations were conducted with appropriate representation, and the agreement had been subjected to a proper consultation process. The Commission was satisfied that the agreement was a genuine enterprise agreement as it was made in good faith and addressed the interests of both the employer and employees. Furthermore, the Commission determined that the agreement was fair and reasonable, as it provided for appropriate terms and conditions of employment and balanced the interests of both parties.

The Fair Work Commission approved the GrainCorp Operations Ltd. (Sunshine, Portland & Geelong) and National Union of Workers Enterprise Agreement 2016, confirming its compliance with the necessary legal requirements and its fairness and reasonableness. The approval of the agreement allows for the terms and conditions outlined within to govern the employment relationship between GrainCorp and the relevant employees.

GrainCorp Operations Limited T/A GrainCorp Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established