DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Viterra Operations Pty Ltd
(AG2018/1063)

VITERRA OPERATIONS PTY LTD - ARDROSSAN ENTERPRISE AGREEMENT 2018

Grain handling industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 JUNE 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Viterra Operations Pty Ltd - Ardrossan Enterprise Agreement 2018 (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 Applicant 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.

[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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2018. The nominal expiry date of the Agreement is 21 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Viterra Operations Pty Ltd, an entity engaged in grain handling and storage, was before the Fair Work Commission to seek approval of the Ardrossan Enterprise Agreement 2018. The agreement, which was entered into between Viterra and the Australian Manufacturing Workers' Union, aimed to regulate the terms and conditions of employment for certain employees within the company. The application for approval was brought forth to ensure that the agreement complied with the relevant provisions of the Fair Work Act 2009. The Fair Work Commission was tasked with assessing whether the agreement met the necessary criteria for approval, including fairness, efficiency, and overall compliance with the legislative framework governing enterprise agreements.

The legal issues before the Commission centred on the agreement's compliance with the statutory requirements outlined in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and efficient terms and conditions of employment, and if it was made in good faith. The scrutiny also involved assessing whether the agreement was free from any illegal or unfair content, and if it appropriately balanced the interests of both the employees and the employer. Additionally, the Commission had to verify that the agreement was made without any improper influence or coercion.

Upon reviewing the evidence and submissions, the Commission found that the Ardrossan Enterprise Agreement 2018 was made in good faith and without any improper influence or coercion. The agreement was deemed to provide for fair and efficient terms and conditions of employment, and it did not contain any illegal or unfair content. The Commission considered the agreement to be in the best interests of the employees, given the protections and benefits it provided. Consequently, the Fair Work Commission approved the application for the agreement's registration, ensuring that it would now govern the terms and conditions of employment for the relevant employees at Viterra Operations Pty Ltd.

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