Graincorp Operations Limited T/A Graincorp Operations Limited

[2024] FWCA 4265

[2024] FWCA 4265

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Graincorp Operations Limited T/A Graincorp Operations Limited

(AG2024/4304)

GRAINCORP OPERATIONS LIMITED NUMURKAH SITE (UNITED WORKERS UNION) ENTERPRISE AGREEMENT 2024

Agricultural industry
COMMISSIONER TRAN	MELBOURNE, 3 DECEMBER 2024

Application for approval of the GrainCorp Operations Limited Numurkah Site (United Workers Union) Enterprise Agreement 2024

1. GrainCorp Operations Limited T/A GrainCorp Operations Limited has applied for approval of an enterprise agreement known as the GrainCorp Operations Limited Numurkah Site (United Workers Union) Enterprise Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (Act).

1. The Agreement is a single enterprise agreement.

1. I note that the Agreement does not make note of the Employee Choice provisions. I also observe that the following clauses are likely to be inconsistent with the National Employment Standards:

-     Clause 34.2 – Entitlement to Annual Leave, as the entitlement is expressed in hours for Production Plant Shiftworkers, rather than weeks as required by s 87(1) of the Act

-     Clause 36.2 – Entitlement to compassionate leave, as it is silent in relation to the entitlement when the employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child, as this may be inconsistent with s 104(1)(c) of the Act

1. I note clause 7.3 of the Agreement, which gives precedence to the NES and am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement does not contain a delegates’ rights term as required by s 205A(1) of the Act. Under s 205A(2) of the Act, the workplace delegates’ rights term in Clause 30AB of the Food, Beverage and Tobacco Manufacturing Award 2020 is taken to be a term of the Agreement.

1. I note that clause 18.4 provides for potential deductions from wages that may not be a permitted deduction in accordance with s 324 of the Act and may be of no effect to the extent that it offends s 326 of the Act, particularly as it may provide for deductions from NES entitlements. I am of the view that this clause does not affect approval of the Agreement.

1. I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

1. The United Workers Union (UWU) lodged a Form F18 statutory declaration giving notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note the Agreement covers the UWU.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 10 December 2024.

1. In accordance with clause 2.2, the nominal expiry date of the Agreement is 31 March 2027.

COMMISSIONER

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