DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Viterra Operations Pty Ltd T/A Viterra
(AG2019/1782)

LAVERTON AGREEMENT 2019

Storage services
COMMISSIONER BISSETT	MELBOURNE, 13 JUNE 2019

Application for approval of the Laverton Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Laverton 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2019. The nominal expiry date of the Agreement is 19 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Viterra Operations Pty Ltd, trading as Viterra, applied to the Fair Work Commission for approval of the Laverton Agreement 2019. The application was made under section 234 of the Fair Work Act 2009, and the dispute involved the terms and conditions of employment for employees at the Laverton grain terminal. The Australian Council of Trade Unions (ACTU) lodged an objection to the application, contending that the agreement did not meet the requirements for a simple or improved agreement.

The central legal issues before the Commission were whether the proposed Laverton Agreement 2019 complied with the legislative framework for approving such agreements. Specifically, the Commission had to determine if the agreement was a simple or improved agreement under the Fair Work Act, and whether it provided for fair and reasonable terms and conditions for the employees. Additionally, the Commission examined whether the agreement was made in good faith and without coercion.

The Fair Work Commission found that the Laverton Agreement 2019 was a simple agreement and met the criteria for approval under the Fair Work Act. The Commission considered the nature of the proposed changes, the process of bargaining, and the terms of the agreement itself. The Commission concluded that the agreement provided for fair and reasonable terms and conditions, and was made in good faith without any coercion. The objections raised by the ACTU were not sufficient to prevent the approval of the agreement. Consequently, the Commission approved the Laverton Agreement 2019.

The Fair Work Commission approved the Laverton Agreement 2019, effective from the date of the decision. This decision was binding on all parties and provided a framework for the employment conditions at the Laverton grain terminal.

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