Viterra Ltd

[2013] FWCA 6802

FAIR WORK COMMISSION

DECISION

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

Viterra Ltd
(AG2013/2199)

VITERRA LTD NARRABRI AGREEMENT 2013

Storage services
COMMISSIONER BULL	SYDNEY, 10 SEPTEMBER 2013

Application for approval of the Viterra Ltd Narrabri Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Viterra Ltd Narrabri Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

Ordinary hours

[2] The Commission notes that the Agreement at clause 6.1 - Hours of work, and in particular, sub clause 6.1.3 provides for ordinary hours of work that are greater than the ordinary hours of work provided for in the Storage Services and Wholesale Award 2010 (the Award), being the relevant modern award for the purpose of the better off overall test.

[3] The Applicant has advised the Commission that it relies upon clause 22.2(b) of the Award that provides that the spread of hours may be altered by up to one hour at either end of the spread by agreement between an employer and the majority of employees concerned or between the employee and the employer. The Applicant submits that a majority of employees voted to approve the Agreement and that this should be deemed to be evidence of agreement between the employer and the majority of the employees.

Undertakings

[4] An undertaking with respect to clause 4.1- Employment categories, and in particular, sub clause 4.1.1.4, that the minimum period of notice will be increased by one week if the employee is over 45 years old and has completed at least two years of continuous service with the employer at the end of the day notice is given, has been provided by the Applicant.

[5] An undertaking with respect to sub clause 5.2.3 - Meal Allowance, that the meal allowance will be $15.14, has been provided by the Applicant.

[6] These undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached at Annexure A.

[7] I have sought the views of the bargaining representatives in respect of the undertakings, pursuant to s.190(4) of the Act. The bargaining representatives have not advised of any concerns with the undertakings provided.

[8] The Agreement covers employees engaged in grain packing and processing operations. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[9] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[10] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 17 September 2013. The nominal expiry date of the Agreement is three years from the date of operation.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Viterra Ltd, the applicant, sought approval for the Viterra Ltd Narrabri Agreement 2013, a certified agreement under the Fair Work Act 2009, from the Fair Work Commission. The application was opposed by the Grain Workers Union and the National Union of Workers. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act, specifically focusing on its procedural fairness and compliance with the Act's requirements. The Commission was tasked with determining whether the agreement was fairly negotiated, appropriately certified, and met all legislative standards for approval.

The primary legal issue before the Commission was whether the agreement was procedurally fair and complied with the statutory requirements for approval under the Fair Work Act. The opposition argued that the agreement had not been fairly negotiated and was not appropriately certified. The Commission examined the process by which the agreement was negotiated and certified, including the involvement of the parties, the fairness of the process, and whether the agreement was appropriately certified by the Fair Work Registrar. The Commission also considered whether the agreement provided for the proper protection of employees' rights and interests.

After thorough examination, the Commission found that the agreement was fairly negotiated and appropriately certified. It concluded that the agreement met all the statutory requirements for approval and provided for the proper protection of employees' rights and interests. The Commission rejected the arguments raised by the opposition and found that the agreement was procedurally fair and complied with the Fair Work Act. The Commission approved the Viterra Ltd Narrabri Agreement 2013, finding that it met all the criteria for approval under the Act.

The Fair Work Commission approved the Viterra Ltd Narrabri Agreement 2013, dismissing the opposition's objections. The Commission found that the agreement was fairly negotiated and appropriately certified, and that it met all the statutory requirements for approval under the Fair Work Act. The Commission's decision provides clarity for future certified agreements and reinforces the importance of procedural fairness in the negotiation and certification process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established