Viterra Operations Pty Ltd

[2025] FWCA 2074

[2025] FWCA 2074

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Viterra Operations Pty Ltd

(AG2025/1728)

VITERRA OPERATIONS PTY LTD - WALLAROO ENTERPRISE AGREEMENT 2025

Agricultural industry
COMMISSIONER TRAN	MELBOURNE, 25 JUNE 2025

Application for approval of the Viterra Operations Pty Ltd - Wallaroo Enterprise Agreement 2025

1. Viterra Operations Pty Ltd has applied for approval of an enterprise agreement known as the Viterra Operations Pty Ltd - Wallaroo Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009.

1. The Agreement is a single enterprise agreement.

1. I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

   ·   Clause 6.3.6 – Hours of work – reasonable additional hours

   ·   App 3.1.3 of Appendix 3 – Termination

1. Clause 2.1.4 of the Agreement gives precedence to the NES and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Employer has provided written undertakings. 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the AWU.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 2 July 2025.

1. In accordance with clause 1.4.1, the nominal expiry date of the Agreement is 3 March 2027.

Variation under s 218A

1. Section 218A of the Act allows the Commission to correct or amend obvious errors, defects or irregularities. It is a discretionary power, and the Commission must first be satisfied that the identified errors or amendments sought are obvious errors, defects or irregularities.

1. I determined to vary the Agreement on my own initiative, following the identification of typographical errors in clauses 6.8.8.2 and 6.9.2.3.

1. The Applicant provided an amended copy of the Agreement, with only the amendments identified above.

1. I am satisfied that the amendments should be made and that it is appropriate to do so in accordance with s 218A. The variation will operate from the date the Agreement commences.

1. The Agreement attached to this Decision is the Agreement as varied and will operate from 2 July 2025. The nominal expiry date of the Agreement as varied is 3 March 2027.

COMMISSIONER

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ANNEXURE A