Viterra Operations Pty Ltd T/A Viterra

[2019] FWCA 5124

[2019] FWCA 5124

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Viterra Operations Pty Ltd T/A Viterra
(AG2019/1865)

VITERRA OPERATIONS PTY LTD - PORT LINCOLN ENTERPRISE AGREEMENT 2019

Grain handling industry
COMMISSIONER PLATT	ADELAIDE, 23 JULY 2019

Application for approval of the Viterra Operations Pty Ltd - Port Lincoln Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Viterra Operations Pty Ltd - Port Lincoln Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Viterra Operations Pty Ltd T/A Viterra. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 2 July 2019.

[3] On 9 July 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 10 July 2019. The undertaking deals with the following topics:

•  The Applicant has inserted a National Employment Standards (NES) precedence clause.

•  Clause 5.8.2 of the Agreement shall not operate or be applied unless a decision of the Fair Work Commission pursuant to s.120 of the Act is issued.

•  Clause 7.2.2.1 of the Agreement has been amended to require an employee to give, where practicable within 2 hours of commencement of the absence, notification to their manager of their inability to attend for duty.

•  Clause 7.4.1 of the Agreement shall now read as, “An eligible employee is entitled to take Parental Leave as per the Act.”

•  The Applicant has clarified the rate of erosion of hours from the total hour’s bank for afternoon and night shift work by inserting clause 6.8.6 into the Agreement.

•  For the purposes of clause 6.5.3 of the Agreement, casual and part-time employees will be paid time and a half (150%) for the first two hours of work on a Saturday and at double time (200%) thereafter, or for any hours worked after noon on a Saturday.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The “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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 29 July 2021.

COMMISSIONER

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