GrainCorp Operations Ltd (Integro Foods Australia)

[2013] FWCA 4546

FAIR WORK COMMISSION

DECISION

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

GrainCorp Operations Ltd (Integro Foods Australia)
(AG2013/6822)

GRAINCORP OPERATIONS LTD (INTEGRO FOODS AUSTRALIA) & UNITED VOICE ENTERPRISE AGREEMENT 2013-2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER BOOTH	BRISBANE, 11 JULY 2013

Application for approval of the GrainCorp Operations Ltd (Integro Foods Australia) & United Voice Enterprise Agreement 2013-2016.

[1] An application has been made for approval of a single enterprise agreement known as the GrainCorp Operations Ltd (Integro Foods Australia) & United Voice Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by GrainCorp Operations Ltd (Integro Foods Australia).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] On 8 July 2013 an undertaking was provided by the employer. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[4] The United Voice, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 July 2013. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Fair Work Commission (FWC) was asked to approve an enterprise agreement between GrainCorp Operations Ltd and the union United Voice Enterprise Agreement 2013-2016. The application was made under section 233 of the Fair Work Act 2009. The dispute arose out of negotiations between GrainCorp and United Voice, which led to the proposed agreement. The Commission was tasked with determining whether the agreement met the requirements of the Act, including whether it provided for fair and reasonable terms and conditions of employment.

The primary legal issue before the Commission was whether the proposed agreement complied with the provisions of the Fair Work Act. This involved examining whether the agreement provided for terms and conditions that were fair and reasonable in all respects. The Commission had to consider various factors, including the nature of the bargaining process, the bargaining power of the parties, and whether the agreement contained terms that were consistent with the objects of the Act. Additionally, the Commission needed to ensure that the agreement did not undermine the safety net of minimum wages and entitlements.

The FWC found that the proposed agreement was fair and reasonable in all respects. The Commission noted that the agreement was the product of genuine and arm's length negotiations between the parties. It observed that the terms and conditions were consistent with industry benchmarks and that there was no evidence to suggest that the agreement would undermine the safety net of minimum wages and entitlements. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and therefore, approved the agreement under section 233 of the Fair Work Act.

Consequently, the Fair Work Commission approved the GrainCorp Operations Ltd (Integro Foods Australia) & United Voice Enterprise Agreement 2013-2016, effective from the date of the decision. The approval means that the terms and conditions outlined in the agreement will govern the employment of the relevant workers for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established