Viterra Operations Pty Ltd

[2019] FWCA 3592

[2019] FWCA 3592

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Viterra Operations Pty Ltd
(AG2019/281)

VITERRA OPERATIONS PTY LTD - WALLAROO ENTERPRISE AGREEMENT 2018

Grain handling industry
COMMISSIONER PLATT	ADELAIDE, 27 MAY 2019

Application for approval of the Viterra Operations Pty Ltd - Wallaroo Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Viterra Operations Pty Ltd - Wallaroo Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Viterra Operations Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 3 May 2019.

[3] On 13 and 20 May 2019, I conducted telephone conferences with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] During the conference I noted that there was tension between clause 5.1.3 and permanent full-time employees covered by Appendix 3. The Applicant and the AWU advised me that “it is a common understanding between the parties that the reconciliation process set out at clause 5.1.3 is to be read as applying only to permanent part-time and casual employees and not to permanent full-time employees remunerated under Appendix 3”. This explanation resolves the tension.

[5] The Applicant has submitted an undertaking in the required form dated 24 May 2019. The undertaking deals with the following topics:

•  Despite clause 7.7 employees who abandon their employment may be entitled to notice under the National Employment Standards (NES).

•  The Applicant has inserted a NES precedence clause.

•  Casual employees will be entitled to a minimum engagement of four (4) hours (or a lesser period by consent).

•  Appendix 3 has been varied to ensure that in the event that an employee leaves their employment, a reconciliation will occur to ensure that they have been remunerated in accordance with the Agreement for the hours worked.

[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 that responded, supported 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] The “Australian Workers’ Union (AWU)”, 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) of the Act I note that the Agreement covers this organisation.

[9] 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.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 3 March 2020.

COMMISSIONER

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