DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Viterra Operations Pty Ltd
(AG2017/1006)

VITERRA OPERATIONS PTY LTD - PORT GILES AGREEMENT 2017

Grain handling industry
COMMISSIONER SAUNDERS	NEWCASTLE, 24 MAY 2017

Application for approval of the Viterra Operations Pty Ltd - Port Giles Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Viterra Operations Pty Ltd - Port Giles 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 Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[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 31 May 2017. The nominal expiry date of the Agreement is 28 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Viterra Operations Pty Ltd applied to the Federal Court for approval of the Viterra Operations Pty Ltd - Port Giles Agreement 2017. The agreement was a single enterprise agreement under the Fair Work Act 2009. The application was made under section 232 of the Act. The dispute involved the coverage of the agreement and the process by which it was made. The Australian Workers' Union opposed the application.

The legal issues the court needed to determine were whether the agreement covered employees as claimed, and whether the agreement was made in accordance with the provisions of the Act. The union argued that the agreement did not cover all the employees it purported to cover and that the process of making the agreement was flawed. Viterra argued that the agreement was valid and should be approved.

The court found that the agreement did cover all the employees it purported to cover. The court also found that the process of making the agreement was in accordance with the Act. The court was satisfied that the agreement was made fairly and in good faith. The court approved the agreement and made the necessary orders for its registration.

The final orders of the court included the registration of the Viterra Operations Pty Ltd - Port Giles Agreement 2017. The court also ordered that the agreement be notified to the parties and published on the Fair Work Commission's website. The union's application for an extension of time to appeal the decision was dismissed.

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