Viterra Operations Pty Ltd T/A Viterra

[2017] FWCA 6072

[2017] FWCA 6072

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Viterra Operations Pty Ltd T/A Viterra
(AG2017/4167)

VITERRA OPERATIONS PTY LTD BULK LOADING PLANTS ENTERPRISE AGREEMENT 2016

Stevedoring industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 22 NOVEMBER 2017

Application for approval of the Viterra Operations Pty Ltd Bulk Loading Plants Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Viterra Operations Pty Ltd Bulk Loading Plants Enterprise Agreement 2016 (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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Viterra Operations Pty Ltd T/A Viterra. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Maritime Union of Australia 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 November 2017. The nominal expiry date of the Agreement is 13 November 2020.

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