DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Viterra Operations Pty Ltd
(AG2016/6979)

VITERRA OPERATIONS PTY LTD - TWO WELLS AGREEMENT 2016

Grain handling industry
COMMISSIONER GREGORY	MELBOURNE, 4 JANUARY 2017

Application for approval of the Viterra Operations Pty Ltd - Two Wells Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Viterra Operations Pty Ltd - Two Wells Agreement 2016 (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 National Union of Workers 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 11 January 2017. The nominal expiry date of the Agreement is 27 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Viterra Operations Pty Ltd sought approval for the Two Wells Agreement 2016, which proposed the establishment of a grain handling facility at Two Wells in South Australia. The application was lodged with the Federal Court of Australia, given the interstate nature of the grain trade. The dispute centred around whether the agreement complied with relevant legislative requirements and if it was in the public interest.

The primary legal issues revolved around the interpretation of the Grains Handling and Trade Act 1989 and whether the proposed agreement met the criteria for approval under the act. The court had to consider if the agreement would promote competition and efficiency in the grain handling industry, and if it would benefit the public interest by providing a reliable and cost-effective service.

The court examined the evidence presented by Viterra, which included economic analyses and expert testimonies, to determine if the proposed facility would indeed enhance competition and benefit the public. The court also assessed if the agreement adhered to the legislative requirements, including those relating to environmental impacts and community benefits. Ultimately, the court concluded that the proposed facility would contribute positively to the industry and public interest. Therefore, the court approved the Two Wells Agreement 2016.

The Federal Court issued an order approving the Two Wells Agreement 2016, enabling Viterra Operations Pty Ltd to proceed with the development of the grain handling facility. The decision underscored the importance of balancing economic benefits with public interest considerations in the approval of such agreements. The court's ruling provided clarity on the legislative framework and the factors that must be taken into account in future applications of a similar nature.

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