Viterra Operations Pty Ltd T/A Viterra

[2024] FWCA 2372

[2024] FWCA 2372

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Viterra Operations Pty Ltd T/A Viterra

(AG2024/2070)

VITERRA OPERATIONS PTY LTD - ARDROSSAN ENTERPRISE AGREEMENT 2024

Agricultural industry
COMMISSIONER TRAN	MELBOURNE, 26 JUNE 2024

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

1. Viterra Operations Pty Ltd T/A Viterra has applied for approval of an enterprise agreement known as the Viterra Operations Pty Ltd - Ardrossan Enterprise Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (Act).

1. The Agreement is a single enterprise agreement.

1. I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

• Clauses 6.7.1 and 6.7.3 – Public Holiday Work may be inconsistent with s 114(a) and s 116; and

• Clause 7.3 – Compassionate Leave does not provide for 2 days compassionate leave as required by s 104(1).

1. The Agreement contains an effective NES precedence clause at Clause 4.1 of the Agreement, and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. Despite the above inconsistencies, 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.

1. The Australian Workers’ Union, 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.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 3 July 2024.

1. In accordance with Clause 1.4.1, the nominal expiry date of the Agreement is 21 March 2027.

COMMISSIONER

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