DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Viterra Operations Pty Ltd
(AG2015/3502)

VITERRA OPERATIONS PTY LTD ADELAIDE PORTS AGREEMENT 2015

Grain handling industry
COMMISSIONER HAMPTON	ADELAIDE, 11 AUGUST 2015

Application for approval of the Viterra Operations Pty Ltd Adelaide Ports Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Viterra Operations Pty Ltd Adelaide Ports Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Viterra Operations Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] I note that the reference award for the purposes of s.193 of the Act is the Bulk Handling of Grain Award [AN150024 - NAPSA], being an Enterprise Award that has been preserved by virtue of Item 18 of Schedule 7 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

[4] The Maritime Union of Australia, 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) of the Act 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 18 August 2015. The nominal expiry date of the Agreement is 1 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Viterra Operations Pty Ltd applied for approval of the Viterra Operations Pty Ltd Adelaide Ports Agreement 2015, which was submitted to the Fair Work Commission. The dispute revolved around the terms of the agreement, specifically whether it complied with the Fair Work Act 2009 and the Fair Work Regulations 2009. The legal issues before the court included whether the agreement met the criteria for an Australian Core Obligations Agreement and whether the agreement was in the best interests of the employees covered by it.

The court examined the agreement's provisions and found that it did indeed meet the criteria for an Australian Core Obligations Agreement. The agreement covered essential terms and conditions of employment, including minimum wages, leave entitlements, and dispute resolution mechanisms. The court further found that the agreement was in the best interests of the employees, as it provided for a fair and reasonable system of dispute resolution and offered protections that aligned with the Fair Work Act 2009. Consequently, the court approved the agreement.

The Fair Work Commission approved the Viterra Operations Pty Ltd Adelaide Ports Agreement 2015, subject to certain modifications. The modifications included adjustments to the agreement's provisions to ensure compliance with specific sections of the Fair Work Act 2009 and the Fair Work Regulations 2009. The court emphasised the importance of maintaining a balance between the interests of employers and employees while ensuring that the agreement provided adequate protections for workers. The final orders included the approval of the agreement with the specified modifications, which were to be implemented within a defined timeframe.

Viterra Operations Pty Ltd

DECISION

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Legal Principle Established