Viterra Operations Pty Ltd

Case •

[2024] FWCA 3898

•

11 NOVEMBER 2024
[2024] FWCA 3898

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Viterra Operations Pty Ltd

(AG2024/3629)

VITERRA DOOEN AGREEMENT 2024

Storage services

COMMISSIONER TRAN

MELBOURNE, 11 NOVEMBER 2024

Application for approval of the Viterra Dooen Agreement 2024

  1. Viterra Operations Pty Ltd has applied for approval of an enterprise agreement known as the Viterra Dooen Agreement 2024 under s 185 of the Fair Work Act 2009.

  1. The Agreement is a single enterprise agreement.

  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.

  2. The agreement’s delegates rights term in clause 12.2 is less favourable than the term in the award because it is silent in relation to numerous entitlements provided by the delegates’ rights term in the Award, such as right of representation, entitlement to reasonable communication and entitlement to reasonable access to the workplace and workplace facilities. Under s 205A(2) of the Act, the workplace delegates’ rights term in Clause 29A of the Storage Services and Wholesale Award 2020 is 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 despite Clause 1.4.1 of the Agreement but in accordance with s 54 of the Act, will operate from 18 November 2024.

  1. In accordance with clause 1.4.1, the nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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<AE526684  PR781044>

ANNEXURE A

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