DECISION

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

Viterra Limited
(AG2015/550)

VITERRA - WALLAROO ENTERPRISE AGREEMENT 2015

Grain handling industry
COMMISSIONER HAMPTON	ADELAIDE, 19 MARCH 2015

Application for approval of the Viterra - Wallaroo Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Viterra - Wallaroo Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Viterra Limited. The Agreement is a single-enterprise agreement.

[2] 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.

[3] I note that the reference award for the purposes of s.193 of the Act is the Bulk Handling of Grain Award [AN150024 - NAPSA], being an Enterprise Award that has been preserved by virtue of Item 18 of Schedule 7 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

[4] The Australian 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) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 March 2015. The nominal expiry date of the Agreement is 3 March 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Viterra Limited was the applicant before the Fair Work Commission, seeking approval of the Viterra – Wallaroo Enterprise Agreement 2015. The dispute centred on the terms and conditions of employment for employees covered by the agreement, with the primary issue being whether the agreement complied with the requirements of Australian labour law. The Fair Work Commission was tasked with determining if the agreement provided fair and reasonable terms, including wages, hours of work, and other employment conditions.

The legal issues before the Commission involved interpreting and applying various provisions of the Fair Work Act 2009, particularly sections related to the process for approving enterprise agreements and ensuring they meet the "better off overall test" (BOOT). The Commission needed to assess if the agreement provided employees with benefits that were no less favourable than their existing conditions or applicable awards. It also had to consider if the agreement adhered to the "no disadvantage test," ensuring that employees were not worse off as a result of the agreement.

In its decision, the Commission found that the agreement met the statutory requirements. It concluded that the agreement provided employees with terms that were at least as good as their previous conditions or applicable awards, thereby satisfying the BOOT. Additionally, the Commission determined that the agreement did not result in any employee being worse off, fulfilling the no disadvantage test. The Commission highlighted the importance of maintaining a balance between the interests of employers and employees, ensuring that any changes to employment terms were fair and reasonable. Based on these findings, the Commission approved the Viterra – Wallaroo Enterprise Agreement 2015.

Viterra Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established