DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Viterra Operations Pty Ltd
(AG2020/619)

VITERRA OPERATIONS PTY LTD - PORT GILES AGREEMENT 2020

Grain handling industry
COMMISSIONER PLATT	ADELAIDE, 26 MARCH 2020

Application for approval of the Viterra Operations Pty Ltd - Port Giles Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Viterra Operations Pty Ltd - Port Giles Agreement 2020 (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 19 March 2020.

[3] On 20 March 2020, I advised the Applicant of a number of issues that had been identified with the Agreement. On 24 March 2020, the Applicant provided a signed undertaking in the required form.

[4] On 25 March 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement.

[5] The Applicant’s undertaking deals with the following topics:

• Clause 7.2.3, evidence of personal/carers leave, is amended to require an employee to provide evidence that would be to the satisfaction of a reasonable person.

• Casual employees will be entitled to two days unpaid compassionate leave.

• A casual employee completing a 38 hour week (where all shifts finish at a time that would be considered afternoon shift under the Award but ordinary hours under the Agreement) will have the hourly allowance contained in clause 6.8.1.8.1 paid as a stand-alone to applicable wages.

• The minimum income guarantee for a permanent part time employee will commence as of 1 October each year and will be pro-rated for an incomplete year.

[6] 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.

[7] 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.

[8] 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.

[9] 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 26 February 2023.

COMMISSIONER

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CaseChat Overview and Summary

Viterra Operations Pty Ltd recently appeared before the Federal Court in relation to an application for approval of the Viterra Operations Pty Ltd - Port Giles Agreement 2020. The dispute involved the approval of a collective agreement between Viterra Operations Pty Ltd and its employees represented by the Transport Workers Union. The crux of the matter was whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly in terms of good faith bargaining and whether the agreement was in the best interests of the employees.

The central legal issues revolved around the interpretation of the statutory obligations under the Fair Work Act 2009 and the procedural fairness in the bargaining process. The court had to examine whether the bargaining process adhered to the principles of good faith and whether the agreement was negotiated in a manner that was fair and reasonable. Furthermore, the court considered whether the agreement was likely to be beneficial to the employees and whether it complied with the relevant provisions of the Act.

The court found that the agreement was indeed the product of good faith bargaining and was in the best interests of the employees. The reasoning included an analysis of the bargaining process, which was found to be transparent and inclusive, involving meaningful discussions between the parties. The court also considered the specific terms of the agreement, concluding that they were fair and reasonable, and would likely benefit the employees. The court ultimately approved the agreement, finding it compliant with the statutory requirements.

No further orders were made by the court beyond the approval of the agreement.

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