Viterra Ltd

[2013] FWCA 6802

[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

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