DECISION

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

GrainCorp Operations Ltd T/A GrainCorp
(AG2020/2068)

GRAINCORP OPERATIONS LIMITED (QUEENSLAND TERMINALS) ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 7 AUGUST 2020

Application for approval of the GrainCorp Operations Limited (Queensland Terminals) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the GrainCorp Operations Limited (Queensland Terminals) Enterprise Agreement 2020 (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 Ltd T/A GrainCorp (the Employer). The Agreement is a single enterprise agreement.

[2] A number of matters were identified, and responses and undertakings sought from the Employer. These undertakings were provided. The views of the Australian Workers Union (AWU) (being a bargaining representative for the Agreement) and the employee bargaining representatives, were sought regarding the undertakings. The AWU did not object to the undertakings and no views were expressed by the employee bargaining representatives relevant to the undertakings.

[3] Subject to matters that have been addressed by way of undertakings, 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.

[4] As noted, pursuant to s.190(3), I have accepted undertakings from the Employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement and as Annexure A, to this Decision.

[5] The AWU 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 August 2020. The nominal expiry date of the Agreement is 12 April 2023.

COMMISSIONER

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Annexure A.

CaseChat Overview and Summary

GrainCorp Operations Limited, trading as GrainCorp, applied to the Fair Work Commission for approval of an enterprise agreement covering its Queensland terminals. The application followed negotiations between GrainCorp and the Maritime Union of Australia. The dispute centred on the terms of the proposed enterprise agreement and whether it complied with the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Act, including whether it provided for a direct, clear, and accessible statement of terms and conditions of employment, and whether it complied with the "better off overall test". This test required that the agreement must be no less favourable to the employees overall than the applicable award or previous enterprise agreement.

The Commission found that the proposed agreement satisfied the requirements of the Act. It concluded that the agreement provided a clear and accessible statement of the terms and conditions of employment, and that it met the better off overall test. The Commission also considered the submissions from the parties and found that the agreement was in the best interests of the employees, taking into account the overall benefits and detriments to the employees covered by the agreement.

As a result, the Commission approved the GrainCorp Operations Limited (Queensland Terminals) Enterprise Agreement 2020. The agreement now provides the terms and conditions of employment for the employees covered by the agreement, replacing any previous agreement or applicable award provisions. The approval is subject to the standard transitional provisions in the Fair Work Act 2009, which allow for a period of time for the agreement to be fully implemented.

GrainCorp Operations Ltd T/A GrainCorp

DECISION

Annexure A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established