DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Grain Pty Limited t/a Southern Stockfeeds
(AG2021/139)

SOUTHERN GRAIN & UNITED WORKERS UNION ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 2 MARCH 2021

Application for approval of the Southern Grain & United Workers Union Enterprise Agreement 2019.

[1] Southern Grain Pty Limited t/a Southern Stockfeeds has applied for approval of a single enterprise agreement known as the Southern Grain & United Workers Union Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the Agreement passes the better off overall test.

[3] Written undertakings were given in accordance with s.190 of the Act (attached at Annexure A (Undertakings)). The bargaining representative did not oppose the Undertakings. I am satisfied that the Undertakings will not cause financial detriment to any employee covered by the Agreement and that the Undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] Noting clauses 7 and 9 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] On the basis of the material contained in the application and the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[7] The Agreement was approved on 2 March 2021 and, notwithstanding clause 4 and in accordance with s.54, will operate from 9 March 2021. The nominal expiry date of the Agreement is 30 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Southern Grain Pty Limited, trading as Southern Stockfeeds, applied to the Fair Work Commission for the approval of an enterprise agreement with the United Workers Union. The agreement sought to govern the terms and conditions of employment for certain employees of Southern Grain. The application was made under the Fair Work Act 2009, and the Commission was required to determine whether the agreement met the necessary criteria for approval.

The primary legal issues before the Commission were whether the agreement provided for the mandatory matters as required by the Fair Work Act, whether the agreement was made in accordance with the procedural requirements, and whether the agreement had been made without any improper conduct. The Commission also needed to consider whether the agreement was in the best interests of the employees and whether it provided for appropriate mechanisms for the resolution of disputes.

In delivering its decision, the Commission noted that the agreement contained all the mandatory matters prescribed by the Fair Work Act. The Commission found that the agreement had been made in accordance with the necessary procedural requirements, including the provision of relevant information to the employees and the opportunity for them to discuss the proposed agreement. The Commission also determined that there was no evidence of improper conduct in the making of the agreement. The Commission concluded that the agreement was in the best interests of the employees, and it provided for appropriate mechanisms for the resolution of disputes. Accordingly, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Southern Grain & United Workers Union Enterprise Agreement 2019, determining that it met all the necessary criteria for approval under the Fair Work Act. The agreement now governs the terms and conditions of employment for the relevant employees of Southern Grain.

Southern Grain Pty Limited t/a Southern Stockfeeds

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established