DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Viterra Operations Pty Ltd
(AG2018/870)

VITERRA OPERATIONS PTY LTD COUNTRY GENERAL HANDS AGREEMENT 2017

Grain handling industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 JUNE 2018

Application for approval of the Viterra Operations Pty Ltd Country General Hands Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Viterra Operations Pty Ltd Country General Hands Agreement 2017 (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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] 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 6 March 2020.

DEPUTY PRESIDENT

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 Country General Hands Agreement 2017. The applicant sought to have the agreement approved as a simple greenfields agreement under section 234 of the Fair Work Act 2009. The agreement was opposed by the Australian Workers’ Union. The union argued that the agreement did not provide adequate protections for employees.

The central legal issue was whether the agreement met the requirements for approval under section 234 of the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for fair terms and conditions, including adequate protections for employees. The Commission also considered if the agreement was made in good faith and without coercion.

The Fair Work Commission found that the agreement did not provide adequate protections for employees in terms of redundancy entitlements. The Commission noted that the agreement did not provide for redundancy entitlements in line with the National Employment Standards, which are a minimum standard under the Fair Work Act. The Commission further found that the agreement did not adequately address other employee protections, such as provisions for parental leave and maximum weekly hours. Consequently, the Commission did not approve the agreement.

No final orders were made as the agreement was not approved.

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