Viterra Operations Pty Ltd T/A Viterra

[2024] FWCA 1694

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Viterra Operations Pty Ltd T/A Viterra

(AG2024/1195)

VITERRA OPERATIONS PTY LTD BULK LOADING PLANTS ENTERPRISE AGREEMENT 2023

Agricultural industry
COMMISSIONER MCKINNON	SYDNEY, 8 MAY 2024

Application for approval of the Viterra Operations Pty Ltd Bulk Loading Plants Enterprise Agreement 2023

Viterra Operations Pty Ltd T/A Viterra has applied for approval of a single enterprise agreement known as the Viterra Operations Pty Ltd Bulk Loading Plants Enterprise Agreement 2023 (the Agreement).

On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 15 May 2024. The nominal expiry date of the Agreement is 6 November 2026.

The Agreement covers the Construction, Forestry and Maritime Employees Union.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Viterra Operations Pty Ltd, trading as Viterra, applied to the Fair Work Commission for approval of their proposed Enterprise Agreement, the Viterra Operations Pty Ltd Bulk Loading Plants Enterprise Agreement 2023. The application was brought under the Fair Work Act 2009. The dispute centred on whether the agreement, which contained provisions regarding wages, hours of work, and other employment conditions, complied with the relevant statutory requirements and met the criteria for "better off overall and in the national system" as set out in the Fair Work Act.

The court was required to determine if the agreement was properly negotiated, if it provided for fair and reasonable terms and conditions, and if it met the statutory threshold for approval. It was also necessary to assess whether the agreement was likely to lead to improved outcomes for employees and whether it was consistent with the principles of the national workplace relations system.

The Fair Work Commission found that the proposed agreement complied with all statutory requirements. It was properly negotiated, contained fair and reasonable terms, and was likely to provide better overall outcomes for the employees. The Commission was satisfied that the agreement met the "better off overall and in the national system" test, taking into account the economic context and the relative benefits to employees. Consequently, the Commission approved the Enterprise Agreement.

The final order of the Fair Work Commission was that the Viterra Operations Pty Ltd Bulk Loading Plants Enterprise Agreement 2023 be approved and registered. The agreement was to take effect from the date of the Commission's decision, and all parties were bound by its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established