DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GrainCorp Operations Limited T/A GrainCorp Limited
(AG2017/4102)

GRAINCORP OPERATIONS LTD - AWU (VICTORIAN OPERATIONS) ENTERPRISE AGREEMENT 2017

Grain handling industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 DECEMBER 2017

Application for approval of the GrainCorp Operations Ltd-AWU (Victorian Operations) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the GrainCorp Operations Ltd-AWU (Victorian Operations) Enterprise Agreement 2017 (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 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, GrainCorp Operations Limited T/A GrainCorp Limited applied for approval of the GrainCorp Operations Ltd-AWU (Victorian Operations) Enterprise Agreement 2017. The Australian Workers' Union (AWU) was the other party involved in the agreement. The application was made under section 236 of the Fair Work Act 2009, seeking the Commission's approval that the agreement was made in accordance with the provisions of the Act. The dispute centred on whether the agreement met the requirements for being a "simplified bargaining agreement" and whether it was made in good faith and without coercion.

The key legal issues before the Commission were whether the agreement was a "simplified bargaining agreement" as defined by the Fair Work Act, and whether the agreement was made in good faith and without coercion. The Commission considered the definitions and criteria for a simplified bargaining agreement, including whether the agreement was made between an employer and an employee, and whether it related to a workplace covered by an existing agreement. The Commission also examined whether the agreement was made in good faith, without coercion, and whether it was made to avoid industrial action.

The Commission found that the agreement was a simplified bargaining agreement because it was made between GrainCorp and the AWU, and it related to a workplace covered by an existing agreement. The Commission also found that the agreement was made in good faith and without coercion, and that it was made to avoid industrial action. The Commission considered the evidence and submissions from both parties, including the process by which the agreement was negotiated and the context in which it was made.

The Commission approved the GrainCorp Operations Ltd-AWU (Victorian Operations) Enterprise Agreement 2017, finding that it met the requirements of the Fair Work Act. The Commission made orders approving the agreement and directing that it be registered by the Registrar of the Fair Work Commission. The decision provides guidance on the requirements for a simplified bargaining agreement and the process for approving such agreements.

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