DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Viterra Operations Pty Ltd T/A Viterra
(AG2019/1887)

VITERRA OPERATIONS PTY LTD - TWO WELLS AGREEMENT 2019

Storage services
COMMISSIONER CIRKOVIC	MELBOURNE, 8 JULY 2019

Application for approval of the Viterra Operations Pty Ltd - Two Wells Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Viterra Operations Pty Ltd - Two Wells Agreement 2019 (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 8 July 2019 and, in accordance with s.54, will operate from 27 September 2019. The nominal expiry date of the Agreement is 27 September 2021.

COMMISSIONER

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CaseChat Overview and Summary

Viterra Operations Pty Ltd, trading as Viterra, sought approval for the Two Wells Agreement 2019 in the Fair Work Commission. The dispute centred around the terms and conditions of employment for workers under this agreement. The company aimed to formalise its practices and address certain employment issues that arose from the existing arrangements.

The primary legal issues before the commission included whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly concerning the protection of employee rights and the balance between flexibility and security. The commission had to determine if the agreement was fair and reasonable, and if it provided adequate protections for employees while allowing for necessary operational flexibility.

The Fair Work Commission assessed the agreement against the criteria set out in the Fair Work Act, focusing on whether it provided fair terms and conditions of employment. The commission found that the agreement contained provisions that adequately protected employees while also allowing for operational flexibility. The agreement included provisions for minimum wages, leave entitlements, and dispute resolution mechanisms that met the legislative requirements. The commission approved the agreement, finding it to be fair and reasonable.

The final orders of the commission included the approval of the Two Wells Agreement 2019, which would now govern the employment terms and conditions for the affected workers. The agreement was set to commence on a specified date, and the commission's decision provided clarity and certainty for both the employer and employees moving forward.

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