DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Viterra Operations Pty Ltd T/A Viterra
(AG2016/6324)

LAVERTON AGREEMENT 2016

Storage services
COMMISSIONER ROE	SYDNEY, 28 NOVEMBER 2016

Application for approval of the Laverton Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Laverton Agreement 2016 (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 T/A Viterra. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 28 November 2016 and, in accordance with s.54, will operate from 5 December 2016. The nominal expiry date of the Agreement is 19 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Viterra Operations Pty Ltd, trading as Viterra, sought approval for the Laverton Agreement 2016, which aimed to standardise conditions for employees in the Laverton grain terminal. The application was made under section 176 of the Fair Work Act 2009, and the matter was heard in the Fair Work Commission. The dispute centred around whether the proposed agreement provided a safety net of minimum standards and whether it met the requirements for modern awards.

The legal issues required the Commission to determine if the agreement offered adequate protections to employees and whether it was consistent with the overarching objectives of the Fair Work Act. The Commission also had to consider whether the agreement provided for an improvement in conditions for employees, as mandated by section 177 of the Act. Furthermore, the Commission needed to ensure that the agreement did not undermine the existing protections provided by modern awards.

The Fair Work Commission found that the Laverton Agreement 2016 met the safety net requirements and provided for an improvement in conditions for employees. The Commission noted that the agreement provided for a range of entitlements that were consistent with the protections offered by the relevant modern awards. The Commission also found that the agreement did not undermine the existing protections and would ensure fair and consistent conditions for employees. Therefore, the Commission approved the Laverton Agreement 2016.

Viterra Operations Pty Ltd T/A Viterra

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established