Viterra Operations Pty Ltd T/A Viterra Summary

[2022] FWCA 4323

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Viterra Operations Pty Ltd T/A Viterra

(AG2022/5016)

Viterra Operations Pty Ltd Narrabri Agreement 2022

Agricultural industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 8 DECEMBER 2022

Application for approval of the Viterra Operations Pty Ltd Narrabri Agreement 2022

An application has been made for approval of an enterprise agreement known as the Viterra Operations Pty Ltd Narrabri Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 15 December 2022. The nominal expiry date of the Agreement is 14 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Viterra Operations Pty Ltd, trading as Viterra, applied for the approval of the Viterra Operations Pty Ltd Narrabri Agreement 2022. The dispute was heard in the Fair Work Commission, where Viterra sought to have the agreement recognised as a lawful and fair workplace arrangement. The application was contested by a group of Viterra employees who argued that the agreement did not adequately protect their employment conditions and benefits.

The primary legal issues the Commission needed to address were whether the agreement complied with the Fair Work Act 2009 and whether it provided fair and appropriate terms and conditions for the employees. Specifically, the Commission examined the procedural fairness of the agreement's creation, its substantive fairness in terms of employee protections, and whether it met the requirements for a single-enterprise agreement.

The Commission found that the agreement was procedurally fair, as it was formed following proper consultation and negotiation processes. It also determined that the agreement provided fair and appropriate terms and conditions for the employees, considering the commercial realities and operational needs of Viterra. The agreement included provisions for minimum wages, entitlements, and dispute resolution mechanisms that were deemed to be reasonable and in line with broader industry standards. As such, the Commission approved the Viterra Operations Pty Ltd Narrabri Agreement 2022.

Viterra Operations Pty Ltd T/A Viterra

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established