Viterra Operations Pty Ltd Summary

[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

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.

The Agreement is a single enterprise agreement.

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.

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.
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.

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.

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.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Viterra Operations Pty Ltd sought approval from the Federal Court of Australia for the Viterra Dooen Agreement 2024. The agreement aimed to regulate the employment terms and conditions of workers in the Dooen region. The dispute arose from the need to balance the interests of the workers with those of the company, focusing on issues such as wages, working hours, and other employment conditions.

The court was required to decide whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. This involved examining if the agreement facilitated the effective operation of the enterprise, provided for reasonable terms and conditions, and allowed for flexibility in employment practices. Additionally, the court had to assess whether the agreement adequately represented the interests of the employees and if it was made in good faith.

The court found that the agreement did meet the statutory requirements for approval. It was concluded that the agreement facilitated the effective operation of the enterprise and provided reasonable terms and conditions for the employees. The court also determined that the agreement was made in good faith and adequately represented the interests of the employees. Therefore, the application for approval of the Viterra Dooen Agreement 2024 was granted.

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