Re Viterra Operations Pty Ltd

Viterra Operations Pty Ltd applied to the Fair Work Commission for the termination of the Viterra Ltd - Port Lincoln Enterprise Agreement 2012. The Australian Council of Trade Union opposed the application, but declined to provide submissions or evidence in support of its position. The Commission was required to determine whether the termination of the agreement was contrary to the public interest and if it was appropriate in light of the considerations established under the Fair Work Act 2009. The Commission examined the long-standing bargaining impasse, the significant potential differences between the enterprise agreement and the modern enterprise award, and the lack of undertakings provided by the applicant employer. The Commission also considered the bargaining impact on employees and their bargaining position, as well as the uncontested productivity and related benefits from the termination.

The Commission found that the termination of the enterprise agreement was not contrary to the public interest and was appropriate in light of the considerations established under the Act. The Commission noted that the bargaining impact on employees and their bargaining position was not sufficient in its own right to meet the requirements of the Act, given the impact upon employees and their bargaining position. The Commission also considered the mixed employee views about the application, with considerable apparent support for reversion to the modern enterprise award. The Commission considered the relatively long delay appropriate in all of the circumstances and made the termination of the enterprise agreement.

The Fair Work Commission terminated the Viterra Ltd - Port Lincoln Enterprise Agreement 2012, effective from 29 November 2018. The Commission also ordered that the parties must take all reasonable steps to give effect to the termination of the agreement. The Commission noted that the termination of the agreement would result in employees being covered by the applicable modern award and that the parties should take all reasonable steps to ensure a smooth transition to the new arrangements.