Viterra Operations Pty Ltd

[2024] FWCA 4541

[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

1. 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.

1. 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.

1. 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.

1. 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. 

1. 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.

1. 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