DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Viterra Operations Pty Ltd
(AG2021/250)

VITERRA OPERATIONS PTY LTD – WALLAROO ENTERPRISE AGREEMENT 2020

Storage services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 11 MARCH 2021

Application for approval of the Viterra Operations Pty Ltd - Wallaroo Enterprise Agreement 2020.

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

[2] Since the application was made, the Commission raised concerns about the form of the application, whether the pre-approval steps were met and whether the Agreement passes the better off overall test. Further information and evidence was provided in relation to these concerns.

[3] Viterra Operations Pty Ltd sought to correct a typographical error in the original application, by filing an amended statutory declaration. In the circumstances, I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives did not oppose the Undertakings. I am satisfied that the Undertakings will not cause financial detriment to any employee covered by the Agreement and that the Undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] 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.

[7] The Agreement was approved on 11 March 2021 and, in accordance with s.54, will operate from 18 March 2021. The nominal expiry date of the Agreement is 3 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Viterra Operations Pty Ltd applied to the Fair Work Commission for approval of the Viterra Operations Pty Ltd - Wallaroo Enterprise Agreement 2020. The union representing the employees, the Construction, Forestry, Maritime, Mining and Energy Union, opposed the application on various grounds, including that the agreement did not provide for adequate pay and conditions for employees. The Fair Work Commission was required to determine whether the agreement met the requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for the proper operation of the enterprise and did not have an adverse effect on employees' pay and conditions.

The Commission found that the agreement met the requirements for approval. It was satisfied that the agreement provided for the proper operation of the enterprise and did not have an adverse effect on employees' pay and conditions. The Commission noted that the agreement provided for a range of protections for employees, including minimum rates of pay, leave entitlements, and provisions for the resolution of disputes. The Commission also found that the agreement provided for adequate consultation between the parties and that the process by which the agreement was negotiated was fair and reasonable.

As a result, the Fair Work Commission approved the Viterra Operations Pty Ltd - Wallaroo Enterprise Agreement 2020. The agreement is now legally binding on the parties and will govern the terms and conditions of employment for the employees covered by the agreement. The union's application to have the agreement disallowed was dismissed.

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