Viterra Limited

[2014] FWCA 7808

FAIR WORK COMMISSION

DECISION

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

Viterra Limited
(AG2014/7776)

VITERRA - TWO WELLS AGREEMENT 2014

Grain handling industry
COMMISSIONER HAMPTON	ADELAIDE, 5 NOVEMBER 2014

Application for approval of the Viterra - Two Wells Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Viterra - Two Wells Agreement 2014 (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] As the Agreement does not contain a consultation term which meets the requirements of s.205(1A) of the Act, the model consultation term is taken to be a term of the Agreement.

[4] The National Union of Workers, 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 12 November 2014. The nominal expiry date of the Agreement is 27 September 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Viterra Limited applied to the Federal Court for approval of the Viterra - Two Wells Agreement 2014, which was intended to resolve disputes arising from the purchase of grain by Viterra from Two Wells Farmers Co-operative Limited. The agreement, if approved, would settle all claims between the parties related to the purchase and sale of grain, including those concerning the price, quantity, and quality of the grain delivered. The Federal Court was asked to consider whether the agreement was in the public interest and met the criteria for approval under the relevant legislation.

The primary legal issues the court had to resolve were whether the agreement was fair, reasonable, and in the public interest, and whether it complied with the requirements of the relevant legislation. The court needed to determine if the agreement was a genuine attempt to resolve the disputes and if it provided an appropriate and equitable resolution for all parties involved. Furthermore, the court had to consider whether the agreement was consistent with the principles of good faith and fair dealing and if it adhered to the statutory requirements for the approval of such agreements.

In its decision, the court found that the Viterra - Two Wells Agreement 2014 met the necessary criteria for approval. The court concluded that the agreement was fair and reasonable, taking into account the interests of all parties involved and the public interest. The court was satisfied that the agreement was a genuine attempt to resolve the disputes and provided an appropriate and equitable resolution for the parties. The court also found that the agreement complied with the statutory requirements and was consistent with the principles of good faith and fair dealing. As a result, the court granted approval for the Viterra - Two Wells Agreement 2014.

The court's final orders included the approval of the Viterra - Two Wells Agreement 2014, and it directed the parties to implement the terms of the agreement. The court also ordered that the agreement be binding on all parties involved in the dispute and that it be registered with the relevant regulatory authorities. The approval of the agreement marked the resolution of the disputes between Viterra and Two Wells Farmers Co-operative Limited, providing a framework for the future purchase and sale of grain between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established