Viterra Operations Pty Ltd

[2020] FWCA 1611

[2020] FWCA 1611

FAIR WORK COMMISSION

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

Printed by authority of the Commonwealth Government Printer

<AE507569  PR717800>