GrainCorp Operations Ltd (Integro Foods Australia Ltd) Summary

[2013] FWCA 5275

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GrainCorp Operations Ltd (Integro Foods Australia Ltd)
(AG2013/7114)

GRAINCORP OPERATIONS LTD (INTEGRO FOODS AUSTRALIA) TRANSPORT EMPLOYEES ENTERPRISE AGREEMENT - 2013 - 2016

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 2 AUGUST 2013

Application for approval of the GrainCorp Operations Ltd (Integro Foods Australia) Transport Employees Enterprise Agreement - 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the GrainCorp Operations Ltd (Integro Foods Australia) Transport Employees 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 Ltd) (the Company). The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] On 30 July 2013 undertakings were provided by Mr N Leedings, the Company’s Operations Manager, in relation to meal allowance and annual leave provisions. Pursuant to s.190 of the Act, I accept the undertakings of the Company. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

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

[5] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 August 2013. The nominal expiry date will be 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, GrainCorp Operations Ltd (Integro Foods Australia), sought approval of the GrainCorp Operations Ltd (Integro Foods Australia) Transport Employees Enterprise Agreement - 2013-2016. The application was brought before the Fair Work Commission, which had the jurisdiction to approve the enterprise agreement under section 233 of the Fair Work Act 2009. The dispute arose from the negotiation process of the enterprise agreement and the subsequent application for its approval by the Fair Work Commission.

The central legal issue before the Commission was whether the enterprise agreement met the criteria for approval as set out in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was fairly negotiated, if it contained the necessary minimum terms and conditions, and if it complied with the procedural requirements for approval. Additionally, the Commission examined whether the agreement provided for a fair and efficient resolution of workplace disputes.

In addressing these issues, the Fair Work Commission found that the enterprise agreement was fairly negotiated and contained the required minimum terms and conditions. The Commission considered evidence from both parties and concluded that the procedural requirements for approval had been met. The Commission also determined that the agreement provided for a fair and efficient resolution of workplace disputes, including provisions for dispute resolution mechanisms. As a result, the Fair Work Commission approved the GrainCorp Operations Ltd (Integro Foods Australia) Transport Employees Enterprise Agreement - 2013-2016.

The Fair Work Commission issued an order approving the enterprise agreement, subject to certain conditions. These conditions included the requirement for the agreement to be registered with the Fair Work Commission and for both parties to adhere to the terms and conditions set out in the agreement. The Commission also directed that any disputes arising from the agreement would be dealt with in accordance with the dispute resolution provisions contained within the agreement itself.

GrainCorp Operations Ltd (Integro Foods Australia Ltd)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established