DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Viterra Operations Pty Ltd
(AG2021/4642)

VITERRA OPERATIONS PTY LTD COUNTRY GENERAL HANDS AGREEMENT 2020

Grain handling industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 26 APRIL 2021

Application for approval of the Viterra Operations Pty Ltd Country General Hands Agreement 2020.

[1] Viterra Operations Pty Ltd has applied for approval of a single enterprise agreement known as the Viterra Operations Pty Ltd Country General Hands Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] On the basis of the material contained in the application and related materials, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement, pursuant to s.202(4) of the Act.

[4] The Australian Workers' Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[5] The Agreement was approved on 26 April 2021 and, in accordance with s.54, will operate from 3 May 2021. The nominal expiry date of the Agreement is 6 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Viterra Operations Pty Ltd applied to the Fair Work Commission for approval of a workplace agreement. The dispute involved the proposed Country General Hands Agreement 2020 and the rights and obligations of employees under it. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement provided for a safety net of minimum entitlements for employees, as mandated by the Fair Work Act. The Commission also had to consider whether the agreement facilitated the efficient operation of businesses and whether it was consistent with the principles of enterprise bargaining.

The Fair Work Commission found that the proposed agreement did provide for a safety net of minimum entitlements, as it included provisions for pay rates, penalty rates, leave entitlements, and other employment conditions. The Commission also determined that the agreement facilitated the efficient operation of businesses by providing for flexibility in work arrangements and allowing for the resolution of disputes through a designated process. After considering the parties' submissions and the evidence presented, the Commission approved the proposed agreement, finding that it met the requirements of the Fair Work Act.

The Fair Work Commission approved the Country General Hands Agreement 2020, subject to certain conditions and modifications. The agreement will now provide the basis for the employment conditions of the employees covered by it, and will be registered with the Commission. The decision of the Fair Work Commission is final and binding, and may be enforced in any court with appropriate jurisdiction.

Viterra Operations Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established