DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Viterra Operations Pty Ltd
(AG2017/5472)

VITERRA OPERATIONS PTY LTD - THEVENARD TERMINAL - ENTERPRISE AGREEMENT 2017

Grain handling industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 MARCH 2018

Application for approval of the Viterra Operations Pty Ltd - Thevenard Terminal - Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Viterra Operations Pty Ltd - Thevenard Terminal - Enterprise 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 March 2018. The nominal expiry date of the Agreement is 30 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Viterra Operations Pty Ltd sought approval of its enterprise agreement from the Fair Work Commission. The agreement was intended to regulate the employment terms of workers at its Thevenard Terminal. The dispute centred on whether the agreement met the requirements under the Fair Work Act 2009, particularly concerning the provision of genuine enterprise bargaining. The Commission needed to determine if the agreement was appropriately negotiated and if it adhered to the legislative standards for enterprise agreements.

The central legal issues involved assessing whether the agreement was genuinely negotiated between the employer and the employees and whether it complied with the procedural requirements of the Fair Work Act. The applicant argued that the agreement was the result of robust negotiations and met all statutory requirements. The Commission had to scrutinise the negotiation process and the content of the agreement to ensure it was not only procedurally sound but also substantively fair to the employees.

The Fair Work Commission found that the agreement had been genuinely negotiated and met all the statutory requirements for approval. The Commission considered the evidence provided by Viterra Operations, which demonstrated a comprehensive negotiation process involving multiple meetings and exchanges between the parties. The content of the agreement was also found to be fair and reasonable, covering all necessary terms and conditions of employment. The Commission concluded that the agreement was appropriately negotiated and complied with the Fair Work Act.

Accordingly, the Fair Work Commission approved the Viterra Operations Pty Ltd - Thevenard Terminal - Enterprise Agreement 2017. The agreement was registered, and it became legally binding on the parties from the date of approval. This decision affirmed the validity of the enterprise agreement, ensuring that it would govern the employment conditions of the workers at the Thevenard Terminal.

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