GrainCorp Operations Ltd T/A GrainCorp

[2021] FWCA 6815

[2021] FWCA 6815

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GrainCorp Operations Ltd T/A GrainCorp
(AG2021/8376)

GRAINCORP OPERATIONS LIMITED (QUEENSLAND COUNTRY MAINTENANCE) ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 23 NOVEMBER 2021

Application for approval of the GrainCorp Operations Limited (Queensland Country Maintenance) Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement to be known as the GrainCorp Operations Limited (Queensland Country Maintenance) Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by GrainCorp Operations Ltd T/A GrainCorp (Employer). The Agreement is a single enterprise agreement.

[2] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[3] The Applicant sought to amend the Agreement to correct a cross referencing error, where clause 12.5(j) of the Agreement incorrectly refers to clause 25.3. This should be a reference to clause 24.3. A corrected copy of the Agreement was filed. I consider the amendments appropriate under s.586(a) of the Act and, as such, allow them.

[4] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 November 2021. The nominal expiry date of the Agreement is 1 June 2025.

DEPUTY PRESIDENT

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