DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Viterra Operations Pty Ltd T/A Viterra
(AG2016/5851)

VITERRA OPERATIONS PTY LTD NARRABRI AGREEMENT 2016

Storage services
COMMISSIONER ROE	MELBOURNE, 26 OCTOBER 2016

Application for approval of the Viterra Operations Pty Ltd Narrabri Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Viterra Operations Pty Ltd Narrabri 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] 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. 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.

[3] The Agreement was approved on 26 October 2016 and, in accordance with s.54, will operate from 2 November 2016. The nominal expiry date of the Agreement is 17 September 2019.

COMMISSIONER

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CaseChat Overview and Summary

Viterra Operations Pty Ltd sought approval for the Narrabri Agreement 2016 under the Fair Work Act 2009. The application was before the Fair Work Commission, which was required to decide whether the agreement should be approved as a modern award. The dispute centred around several provisions in the agreement that were not in line with the applicable award and whether these could be justified under the safety net provisions of the Act. The key legal issues were whether the agreement provided for fair and reasonable terms and conditions of employment and if the safety net provisions were correctly applied.

The Fair Work Commission considered the terms of the agreement and the evidence provided by both parties. It examined whether the proposed changes to the terms and conditions of employment were fair and reasonable and whether they complied with the safety net provisions. The Commission concluded that the majority of the agreement was consistent with the safety net provisions and provided for fair and reasonable terms. However, it found that certain provisions did not meet the safety net requirements and were not fair and reasonable. Consequently, the Commission approved the agreement with modifications to these specific provisions to ensure they complied with the Act.

The Fair Work Commission's decision was that the Narrabri Agreement 2016 should be approved as a modern award, subject to certain modifications. The modifications were made to ensure compliance with the safety net provisions and to address the concerns about fairness and reasonableness. The court's ruling provided clarity on the application of the safety net provisions and the standards expected in modern awards. The final orders of the court mandated that the agreement be modified in specific areas to meet the requirements of the Fair Work Act 2009 before it could be approved as a modern award.

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