Viterra Operations Pty Ltd

[2021] FWCA 6964

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Viterra Operations Pty Ltd
(AG2021/8387)

VITERRA OPERATIONS PTY LTD BULK LOADING PLANTS ENTERPRISE AGREEMENT 2021

Agricultural industry
COMMISSIONER WILSON	MELBOURNE, 2 DECEMBER 2021

Application for approval of the Viterra Operations Pty Ltd Bulk Loading Plants Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Viterra Operations Pty Ltd Bulk Loading Plants Enterprise Agreement 2021 (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 Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Maritime Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2021. The nominal expiry date of the Agreement is 10 November 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Viterra Operations Pty Ltd, represented by its employees through the Maritime Union of Australia, sought approval for the Viterra Operations Pty Ltd Bulk Loading Plants Enterprise Agreement 2021. The agreement was submitted to the Fair Work Commission for endorsement, which would allow it to be binding on the parties involved. The application for approval was contested by the Maritime Union of Australia on behalf of some of its members, who opposed the agreement on various grounds.

The central legal issue before the Fair Work Commission was whether the application for the approval of the enterprise agreement met the requirements set out in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement had been made in the "best interests of the employees" and if it complied with the relevant provisions of the Act. This included assessing the agreement's provisions concerning pay rates, conditions of employment, dispute resolution mechanisms, and other employment-related matters.

The Fair Work Commission carefully reviewed the application and the evidence presented by both parties. It considered the process by which the agreement was negotiated, the nature of the terms and conditions agreed upon, and the extent to which the agreement served the best interests of the employees. After thorough examination, the Commission concluded that the application for approval was valid and that the agreement met the statutory requirements. The Commission found that the agreement was made in good faith and provided for fair and reasonable terms for the employees. Consequently, the Commission approved the application and endorsed the enterprise agreement, making it a legally binding document for the parties involved.

As a result of the Commission's decision, the Viterra Operations Pty Ltd Bulk Loading Plants Enterprise Agreement 2021 was approved and is now in effect, governing the employment conditions of the parties involved. The agreement sets out the terms and conditions of employment, including pay rates, hours of work, leave entitlements, and other relevant provisions. The endorsement by the Fair Work Commission ensures that the agreement is legally binding and enforceable, providing a framework for the relationship between Viterra Operations Pty Ltd and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established