| [2025] FWCA 629 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Graincorp Operations Limited t/a Graincorp
(AG2024/4772)
GRAINCORP OPERATIONS LIMITED – NSW COUNTRY OPERATIONS ENTERPRISE AGREEMENT 2024
| Grain handling industry | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 18 FEBRUARY 2025 |
Application for approval of the GrainCorp Operations Limited – NSW Country Operations Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the GrainCorp Operations Limited – NSW Country Operations Enterprise Agreement 2024 (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 (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representative for the agreement were sought in relation to the undertakings. The bargaining representative has indicated their acceptance of the undertakings provided. 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. The undertakings are taken to be a term of the Agreement.
Having regard to the supporting material and the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met.
I note that Clause 7.1 of the Agreement provides that where there is an inconsistency between the agreement and National Employment Standards (NES), and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.
The Australian Workers Union (AWU) 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 AWU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE528079 PR784469>
Annexure A
- AGLC
- Graincorp Operations Limited t/a Graincorp [2025] FWCA 629
- Case
- [2025] FWCA 629
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission were whether the agreement contained provisions that were overly complex or specific, potentially undermining its purpose as a broad statement of terms and conditions. The Commission had to assess whether the agreement was appropriately simplified, clear, and avoided excessive detail, ensuring it effectively communicated the agreed-upon terms to the employees.
The Commission examined the agreement's provisions and found that while some sections could be further simplified, the overall structure and content of the agreement met the statutory requirements. The Commission acknowledged that the agreement was comprehensive but not excessively detailed, striking an appropriate balance between clarity and specificity. Consequently, the Commission approved the agreement, finding it to be in accordance with the legislative standards.
The final orders of the Commission were to approve the GrainCorp Operations Limited – NSW Country Operations Enterprise Agreement 2024, subject to the terms and conditions set out in the agreement. The approval was contingent on the agreement being implemented in accordance with the Fair Work Act 2009.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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