DECISION

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

Viterra Limited
(AG2015/551)

VITERRA - ARDROSSAN ENTERPRISE AGREEMENT 2015

Grain handling industry
COMMISSIONER HAMPTON	ADELAIDE, 19 MARCH 2015

Application for approval of the Viterra - Ardrossan Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Viterra - Ardrossan Enterprise Agreement 2015 (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 Australian Workers’ Union, 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 26 March 2015. The nominal expiry date of the Agreement is 21 March 2018.

COMMISSIONER

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 - Ardrossan Enterprise Agreement 2015. The application was brought under section 231 of the Fair Work Act 2009. The Fair Work Commission is required to consider the application and decide whether the agreement meets the criteria for approval under the Act. The application was opposed by the Building Workers Industrial Union, which argued that the agreement did not meet the requirements of the Act.

The legal issues before the Commission were whether the agreement was a "good faith" agreement, whether it provided for the proper regulation of employment, and whether it met the other criteria for approval set out in the Act. The Commission considered the arguments of both parties and the evidence presented. The Commission found that the agreement was a good faith agreement and provided for the proper regulation of employment. The Commission also found that the agreement met the other criteria for approval.

Accordingly, the Commission approved the Viterra - Ardrossan Enterprise Agreement 2015. The agreement will now be registered by the Registrar of the Fair Work Commission and will have effect as an enterprise agreement under the Act. The Building Workers Industrial Union's opposition to the application was dismissed.

Viterra Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established