DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

GrainCorp Operations Limited T/A GrainCorp Limited
(AG2015/7802)

GRAINCORP OPERATIONS LTD - AWU (VICTORIAN OPERATIONS) ENTERPRISE AGREEMENT 2015

Grain handling industry
VICE PRESIDENT WATSON	MELBOURNE, 25 JANUARY 2016

Application for approval of the GrainCorp Operations Ltd-AWU (Victorian Operations) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the GrainCorp Operations Ltd - AWU (Victorian Operations) Enterprise Agreement 2015 (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.

[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 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(1)(a), will operate from 1 February 2016. The nominal expiry date of the Agreement is 30 June 2017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GrainCorp Operations Limited, trading as GrainCorp Limited, was the subject of an application for approval of the GrainCorp Operations Ltd-AWU (Victorian Operations) Enterprise Agreement 2015. The applicant, GrainCorp, sought approval of the enterprise agreement from the Fair Work Commission, while the Australian Workers' Union (AWU) supported the application. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues the court had to resolve included whether the agreement was genuinely an enterprise agreement, whether it provided for the "better off overall test" (BOOT), and whether it adhered to the good faith bargaining requirements. The court needed to determine if the agreement was free from any illegality and if it complied with the procedural requirements of the Fair Work Act. Additionally, the court assessed if the agreement provided adequate protections and benefits for the employees.

In its decision, the court found that the GrainCorp Operations Ltd-AWU (Victorian Operations) Enterprise Agreement 2015 met all the statutory requirements for approval. The court confirmed that the agreement was genuinely an enterprise agreement, satisfied the BOOT, and was reached through good faith bargaining. It was determined that the agreement was free from any illegality and adhered to the procedural requirements of the Fair Work Act. The court was satisfied that the agreement provided fair and adequate protections and benefits for the employees, thereby approving the application for the agreement’s registration.

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