Viterra Operations Pty Ltd Summary

[2025] FWCA 1312

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Viterra Operations Pty Ltd

(AG2025/774)

VITERRA OPERATIONS PTY LTD ADELAIDE PORTS AGREEMENT 2024

Agricultural industry
COMMISSIONER THORNTON	ADELAIDE, 22 APRIL 2025

Application for approval of the Viterra Operations Pty Ltd Adelaide Ports Agreement 2024

An application has been made for approval of an enterprise agreement known as the Viterra Operations Pty Ltd Adelaide Ports Agreement 2024 (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 Applicant). The Agreement is a single enterprise agreement.

The Applicant 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.

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.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Construction, Forestry and Maritime Employees Union (CFMEU) 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 CFMEU.

The Agreement is approved and will operate in accordance with s.54 of the Act from 29 April 2025. The nominal expiry date of the Agreement is 1 August 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Viterra Operations Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement, the Viterra Operations Pty Ltd Adelaide Ports Agreement 2024. The application was made under section 230 of the Fair Work Act 2009, with the applicant seeking to have the agreement directly registered as a registered agreement. The dispute involved the terms and conditions of employment for workers at the applicant's Adelaide Ports facility.

The primary legal issue before the Fair Work Commission was whether the agreement met the requirements for direct registration under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement contained all the prescribed terms, was in the approved form, and did not include any prohibited content. The applicant argued that the agreement was consistent with the legislative requirements and should be directly registered.

The Fair Work Commission examined the agreement to ensure it complied with the statutory obligations. The Commission found that the agreement contained all the necessary prescribed terms, was in the correct form, and did not include any prohibited content. The agreement also provided for appropriate dispute resolution mechanisms and adhered to the provisions of the Fair Work Act 2009. Based on these findings, the Commission approved the agreement for direct registration as a registered agreement.

The Fair Work Commission approved the Viterra Operations Pty Ltd Adelaide Ports Agreement 2024 for direct registration as a registered agreement, effective from the date of the decision. The agreement was found to meet all legislative requirements and was deemed to be in the best interests of the workers concerned.

Viterra Operations Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established