DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GrainCorp Operations Limited T/A GrainCorp Limited
(AG2016/7352)

GRAINCORP OPERATIONS LIMITED (PORTLAND TERMINAL) MAINTENANCE ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 6 JANUARY 2017

Application for approval of the GrainCorp Operations Limited (Portland Terminal) Maintenance Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the GrainCorp Operations Limited (Portland Terminal) Maintenance 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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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 these organisations.

[4] The Agreement was approved on 6 January 2017 and, in accordance with s.54, will operate from 13 January 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of GrainCorp Operations Limited, trading as GrainCorp Limited, the Fair Work Commission (FWC) was asked to approve the GrainCorp Operations Limited (Portland Terminal) Maintenance Enterprise Agreement 2016. The dispute centred around the terms of this agreement, specifically whether it complied with the requirements of the Fair Work Act 2009. The FWC had to determine if the agreement met the criteria for approval, including whether it provided for fair and reasonable terms and conditions, and if it was made in good faith and without coercion.

The primary legal issue before the FWC was whether the Maintenance Enterprise Agreement 2016 was fair and reasonable, and if it was made in good faith and without coercion. The applicant, GrainCorp, argued that the agreement met all necessary requirements for approval. The respondent, the Union of Employees, raised concerns about certain provisions of the agreement, particularly those related to the terms of employment and the process by which the agreement was negotiated. The FWC needed to carefully consider the evidence and arguments presented to determine if the agreement was compliant with the legislative standards.

After reviewing the evidence and submissions from both parties, the FWC found that the Maintenance Enterprise Agreement 2016 was fair and reasonable. The Commission concluded that the agreement was made in good faith and without coercion, and it met all the necessary criteria for approval under the Fair Work Act. The FWC emphasised the importance of the negotiation process and the need for genuine consultation between the parties. Based on these findings, the FWC approved the agreement, confirming its compliance with the relevant legislation.

The Fair Work Commission approved the GrainCorp Operations Limited (Portland Terminal) Maintenance Enterprise Agreement 2016, finding it to be fair and reasonable and made in good faith and without coercion. This decision concluded that the agreement complied with the requirements of the Fair Work Act 2009.

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