Viterra Limited

[2013] FWCA 9488

[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.

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