Viterra Operations Pty Ltd

[2021] FWCA 6707

[2021] FWCA 6707

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Viterra Operations Pty Ltd
(AG2021/8164)

VITERRA OPERATIONS PTY LTD - PORT LINCOLN ENTERPRISE AGREEMENT 2021

Agricultural industry
COMMISSIONER PLATT	ADELAIDE, 17 NOVEMBER 2021

Application for approval of the Viterra Operations Pty Ltd - Port Lincoln Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Viterra Operations Pty Ltd - Port Lincoln Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Viterra Operations Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 10 November 2021 and was determined on the papers.

[3] The Applicant has submitted an undertaking in the required form dated 15 November 2021. The undertaking deals with the following topics:

•  Employees will only be directed to work more than 38 hours a week subject to the requirements of s.62 of the Act.

•  The entitlement to annual leave in the Agreement has been expressed in weeks, as is consistent with s.87 of the Act.

•  Clause 7.1.2.4 of the Agreement has been amended to ensure an employee will not be required to work if they are unwell and unable to complete their shift.

•  Employees will be required to provide notice of personal leave as soon as practicable, which may include a time after the leave has commenced.

•  When taking personal/carer’s leave, employees will be required to provide evidence that would be to the satisfaction of a reasonable person.

•  Clause 7.6.3 has been amended to ensure that the abandonment of employment provision of the Agreement is consistent with the notice requirements contained in s.117 of the Act.

•  An employee hired as a Fixed Term Employee will be paid an hourly rate of a Level 3 Permanent Part Time Employee.

[4] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[5] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[6] The Australian Workers’ Union (AWU), 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 this organisation.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 29 July 2024.

COMMISSIONER

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