Viterra Limited

[2013] FWCA 5836

FAIR WORK COMMISSION

DECISION

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

Viterra Limited
(AG2013/2175)

LAVERTON AGREEMENT 2013

Grain handling industry
COMMISSIONER HAMPTON	ADELAIDE, 19 AUGUST 2013

Application for approval of the Laverton Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Laverton 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] On 15 August 2013, I conducted a telephone conference of the parties to seek clarification about aspects of the Agreement. This included consideration of a Memorandum of Understanding which is now appended to the Agreement as approved.

[3] I have sought the views of the bargaining representatives and accepted the Memorandum of Understanding as an undertaking pursuant to s.190 of the Act. As a result, the undertaking is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 August 2013. The nominal expiry date of the Agreement is 19 August 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Viterra Limited recently sought approval from the Federal Circuit Court for the Laverton Agreement 2013, a collective agreement affecting employees at its Laverton facility. The applicant, Viterra, is a major player in the grain handling industry, and the dispute arose from negotiations between the company and the union representing the employees, who were primarily involved in operational roles.

The court was tasked with determining whether the Laverton Agreement 2013 met the necessary legal criteria for approval under the Fair Work Act 2009. Specifically, the court had to ascertain if the agreement was genuinely negotiated, free from coercion or pressure, and if it complied with procedural requirements including the provision of necessary information and opportunity for consultation. Furthermore, the court needed to assess if the agreement was in the best interests of the employees it covered, considering factors such as fairness, the balance of interests, and the public interest.

After thorough consideration, the court found that the agreement was indeed genuinely negotiated and free from any undue influence. It concluded that all procedural steps were properly followed, and the information provided to the employees was adequate. The court further determined that the agreement was fair and balanced, and it served the best interests of the employees, taking into account various factors including wage rates, working conditions, and flexibility provisions. Consequently, the court approved the Laverton Agreement 2013, enabling it to come into effect as per the terms outlined.

This decision ensures that the agreement will regulate the employment conditions for the employees at the Laverton facility, providing a stable and fair working environment as intended by the collective bargaining process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established