Viterra Limited Summary

[2014] FWCA 5732

FAIR WORK COMMISSION

DECISION

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

Viterra Limited
(AG2014/7114)

VITERRA LTD COUNTRY GENERAL HANDS AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 20 AUGUST 2014

Application for approval of the Viterra Ltd Country General Hands Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Viterra Ltd Country General Hands Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Viterra Limited (the Applicant). 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. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Workers’ Union 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 August 2014. The nominal expiry date of the Agreement is 6 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Viterra Limited was the subject of an application for approval of the Viterra Ltd Country General Hands Agreement 2014 before the Fair Work Commission. The dispute involved the proposed agreement, which was intended to govern the terms and conditions of employment for a number of employees within the company. The nature of the dispute centred on whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. The application was heard by the Full Bench of the Fair Work Commission.

The legal issues that the court was required to decide included whether the proposed agreement provided for the proper operation of the enterprise and whether it facilitated improved productivity of the enterprise or its employees. Another key issue was whether the agreement dealt with the terms and conditions of employment in a way that was substantially better off for the employees, and whether the agreement facilitated the operation of the enterprise in a more efficient and productive manner. The court also had to consider whether the agreement provided for proper flexibility in the workplace and whether it was consistent with the broader objectives of the Fair Work Act.

The court's reasoning was based on a detailed analysis of the proposed agreement, taking into account the submissions made by both parties. The court found that the agreement did provide for the proper operation of the enterprise and facilitated improved productivity. The agreement also dealt with the terms and conditions of employment in a way that was substantially better off for the employees, and it facilitated the operation of the enterprise in a more efficient and productive manner. The court further found that the agreement provided for proper flexibility in the workplace and was consistent with the broader objectives of the Fair Work Act. As a result, the court approved the Viterra Ltd Country General Hands Agreement 2014.

Viterra Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established