Graincorp Operations Ltd T/A Graincorp

[2022] FWCA 4163

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Graincorp Operations Ltd T/A Graincorp

(AG2022/4719)

GrainCorp Operations Limited (Newcastle Terminal) Enterprise Agreement 2022

Grain handling industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 28 NOVEMBER 2022

Application for approval of the GrainCorp Operations Limited (Newcastle Terminal) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the GrainCorp Operations Limited (Newcastle Terminal) Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

The Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 5 December 2022. The nominal expiry date of the Agreement is 28 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Graincorp Operations Limited, sought approval of the GrainCorp Operations Limited (Newcastle Terminal) Enterprise Agreement 2022 in the Fair Work Commission. The agreement was a proposed enterprise agreement between Graincorp and its employees at the Newcastle Terminal, covering a range of employment conditions, including wages, hours of work, leave provisions, and dispute resolution mechanisms. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it met the "better off overall test" under section 234 of the Act.

The court had to determine whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement was "in writing", whether it was "an enterprise agreement", and whether it was "freely agreed". Additionally, the court needed to decide if the agreement satisfied the "better off overall test" by comparing the overall benefits to the employees against what they would receive under the applicable awards and the general law.

In examining the application, the Fair Work Commission considered the submissions from both parties, the evidence presented, and the requirements of the Act. The Commission concluded that the proposed agreement complied with all the statutory requirements. It was in writing, was an enterprise agreement, and was freely agreed. The Commission also found that the agreement met the "better off overall test" as it provided employees with overall benefits that were at least as good as those they would receive under the applicable awards and the general law.

Consequently, the Fair Work Commission approved the GrainCorp Operations Limited (Newcastle Terminal) Enterprise Agreement 2022. The agreement was certified and registered under the Act, effective from the date of the Commission's decision. The approval ensures that the terms and conditions of employment for the employees at the Newcastle Terminal are governed by the new enterprise agreement, providing a framework for industrial relations within the enterprise.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established