Viterra Operations Pty Ltd

[2024] FWCA 4541

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Viterra Operations Pty Ltd

(AG2024/4199)

VITERRA OPERATIONS PTY LTD - PORT LINCOLN ENTERPRISE AGREEMENT 2024

Agricultural industry
COMMISSIONER THORNTON	ADELAIDE, 17 DECEMBER 2024

Application for approval of the Viterra Operations Pty Ltd - Port Lincoln Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Viterra Operations Pty Ltd – Port Lincoln Enterprise 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, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Pursuant to s.205A(2) of the Act, the Workplace Delegates’ Rights term in Clause 7A of the Viterra Bulk Handling of Grains, Pulses and Minerals Award 2015 is taken to be a term of the Agreement.

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 24 December 2024. The nominal expiry date of the Agreement is 29 July 2027.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

Viterra Operations Pty Ltd sought approval of its enterprise agreement from the Fair Work Commission. The agreement pertained to employees working at the Port Lincoln facility and aimed to outline terms and conditions of employment, including wages, hours of work, and other workplace provisions. The application for approval was made in light of the Fair Work Act 2009, which mandates that certain agreements must be assessed and approved by the Commission before they can be enforced. The dispute centred on whether the agreement complied with the statutory requirements and whether it was fairly and appropriately negotiated.

The legal issues before the court were whether the agreement had been made in accordance with the procedural requirements set out in the Fair Work Act, and whether the agreement's provisions were fair and reasonable. Specifically, the Commission had to consider if the agreement was genuinely negotiated, if it contained terms that were consistent with the Fair Work Act's objectives, and if it provided a safety net for employees. Additionally, the court examined if the agreement contained any terms that were contrary to public policy or that undermined the rights of employees.

The Commission found that the agreement had been genuinely negotiated and contained terms that were consistent with the Fair Work Act. The agreement provided a safety net for employees, covering minimum wages, leave entitlements, and other workplace rights. The court also noted that the agreement did not contain any terms that were contrary to public policy or undermined the rights of employees. Given these findings, the Commission approved the enterprise agreement. The decision underscores the importance of ensuring that enterprise agreements are not only negotiated fairly but also comply with statutory requirements and protect the rights of employees.

The Fair Work Commission approved the enterprise agreement, finding that it met the necessary legal standards and provided adequate protections for employees. The decision highlights the importance of genuine negotiation and compliance with statutory requirements in the formation of enterprise agreements. The approval of the agreement will now allow it to be enforced as a binding contract between Viterra Operations Pty Ltd and its employees at the Port Lincoln facility.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established