DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Grains Research and Development Corporation
(AG2016/1078)

GRAINS RESEARCH AND DEVELOPMENT CORPORATION (GRDC) ENTERPRISE AGREEMENT 2016-2019

Australian Capital Territory
COMMISSIONER LEE	MELBOURNE, 25 MAY 2016

Application for approval of the Grains Research and Development Corporation (GRDC) Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Grains Research and Development Corporation (GRDC) Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Grains Research and Development Corporation. The Agreement is a single enterprise agreement.

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

[3] The Community and Public Sector Union and The Association of Professional Engineers, Scientists and Managers, Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 June 2016. The nominal expiry date of the Agreement is 31 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Grains Research and Development Corporation (GRDC) applied to the Fair Work Commission (FWC) for the approval of the GRDC Enterprise Agreement 2016-2019. The GRDC sought to have the agreement registered with the Fair Work Registry. The Australian Council of Trade Unions (ACTU) and the Australian Services Union (ASU) were parties to the dispute. The primary issue for the FWC was to determine whether the GRDC Enterprise Agreement 2016-2019 complied with the relevant provisions of the Fair Work Act 2009, including ensuring the agreement was not less favourable than the relevant award or safety net award.

The FWC examined the agreement's terms and conditions, including pay rates, hours of work, leave entitlements, and other employment conditions. The FWC considered the arguments presented by the GRDC, the ACTU, and the ASU regarding the agreement's compliance with the Fair Work Act and the principles of good faith bargaining. The FWC also reviewed the evidence and submissions provided by the parties during the hearing. The FWC found that the GRDC Enterprise Agreement 2016-2019 was consistent with the Fair Work Act and the principles of good faith bargaining. The FWC approved the agreement, finding it was not less favourable than the relevant award or safety net award. The FWC's decision was based on the evidence presented and the arguments made by the parties during the hearing. The FWC determined that the GRDC Enterprise Agreement 2016-2019 met the legal requirements for approval and registration with the Fair Work Registry.

Grains Research and Development Corporation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established