Viterra Limited

[2013] FWCA 9488

FAIR WORK COMMISSION

DECISION

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

Viterra Limited
(AG2013/11574)

VITERRA ADELAIDE PORTS AGREEMENT 2013

Grain handling industry
COMMISSIONER HAMPTON	ADELAIDE, 3 DECEMBER 2013

Application for approval of the Viterra Adelaide Ports Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Viterra Adelaide Ports Agreement 2013 (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 Maritime Union of Australia, 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 10 December 2013. The nominal expiry date of the Agreement is 1 October 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Viterra Limited applied to the Fair Work Commission for approval of the Viterra Adelaide Ports Agreement 2013, which was intended to govern the employment of its employees in the Adelaide ports area. The application followed a process where the parties had been unable to reach an agreement through direct negotiations. The dispute involved various terms and conditions of employment, including wages, hours of work, and other workplace arrangements.

The key legal issues before the commission were whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for fair and efficient workplace relations and whether it was free from coercive conduct. Additionally, the commission had to consider whether the agreement was in the best interests of the employees it covered and if it provided a safety net of minimum entitlements.

The Fair Work Commission found that the agreement was fair and efficient and did not contain any terms that were contrary to public policy. It determined that the agreement provided for appropriate minimum entitlements and was not coerced. The commission also noted that it had considered the views of the employees and their representatives, as well as the evidence provided by the parties. Based on these considerations, the commission approved the Viterra Adelaide Ports Agreement 2013.

The final orders of the commission were that the Viterra Adelaide Ports Agreement 2013 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the commission's decision. The agreement was to apply to the employees of Viterra Limited in the Adelaide ports area and would remain in force until it was varied or terminated in accordance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established