GrainCorp Operations Ltd T/A GrainCorp Operations Limited

[2020] FWCA 4302

[2020] FWCA 4302

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GrainCorp Operations Ltd T/A GrainCorp Operations Limited
(AG2020/2149)

GRAINCORP OPERATIONS LIMITED NUMURKAH SITE (UNITED WORKERS UNION) ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 14 AUGUST 2020

Application for approval of the GrainCorp Operations Limited Numurkah Site (United Workers Union) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the GrainCorp Operations Limited Numurkah Site (United Workers Union) 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 Operations Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that clause 42.2(c)(i) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The United Workers’ Union 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.

[6] The Agreement is approved and in accordance with s.54, will operate from 21 August 2020. The nominal expiry date of the Agreement is 31 March 2024.

COMMISSIONER

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