DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Viterra Operations Pty Ltd
(AG2021/71)

VITERRA OPERATIONS PTY LTD - THEVENARD TERMINAL - ENTERPRISE AGREEMENT 2020

Grain handling industry
COMMISSIONER LEE	MELBOURNE, 18 FEBRUARY 2021

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

[1] An application has been made for approval of an enterprise agreement known as the Viterra Operations Pty Ltd - Thevenard Terminal - Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Viterra Operations Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The Australian Workers’ Union 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) I note that the Agreement covers the organisation.

[5] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 7.2.3.2 – Personal / Carers Leave.

However, noting clause 2.1.5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 2021. The nominal expiry date of the Agreement is 3 November 2023.

COMMISSIONER

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 - Thevenard Terminal - Enterprise Agreement 2020. The application was brought pursuant to section 235 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for workers at Viterra's Thevenard Terminal in South Australia. The Commission was required to determine whether the agreement met the requirements for approval under the Fair Work Act, including whether it provided for fair and reasonable terms and conditions of employment.

The key legal issues before the Commission were whether the enterprise agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the relevant provisions of the Fair Work Act. The Commission considered whether the agreement provided for adequate minimum rates of pay, entitlements, and leave provisions, and whether it allowed for flexibility and efficiency in the workplace. The Commission also had to consider the views of the parties and any relevant economic and social factors.

After considering the evidence and arguments presented by the parties, the Commission found that the enterprise agreement provided for fair and reasonable terms and conditions of employment. The agreement provided for adequate minimum rates of pay, entitlements, and leave provisions, and allowed for flexibility and efficiency in the workplace. The Commission also found that the agreement complied with the relevant provisions of the Fair Work Act. Accordingly, the Commission approved the enterprise agreement. The parties are bound by the agreement, and it will govern the terms and conditions of employment for workers at Viterra's Thevenard Terminal.

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