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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Viterra Operations Pty Ltd, trading as Viterra, applied for approval of the Viterra Operations Pty Ltd Bulk Loading Plants Enterprise Agreement 2016 before the Fair Work Commission. The dispute centred around the terms of the enterprise agreement, which was to be applied to employees in the bulk loading plants sector. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it was made in good faith.

The primary legal issue before the Commission was whether the enterprise agreement complied with the legislative provisions, including the requirement for genuine bargaining and the absence of any prohibited content. Specifically, the Commission had to consider if the agreement was made in good faith, if it facilitated the improvement of workplace relations, and if it adhered to the minimum entitlements outlined in the Act. The Commission also needed to ensure that the agreement did not contain any provisions that were contrary to public policy or that undermined the spirit of the Act.

In its decision, the Fair Work Commission examined the evidence and submissions presented by both Viterra and the relevant employee representatives. The Commission found that the agreement was the result of genuine and meaningful bargaining, as evidenced by the negotiations and the inclusion of certain terms that reflected the interests of both parties. The Commission was satisfied that the agreement met all legislative requirements and did not contain any provisions that were contrary to public policy. Consequently, the Fair Work Commission approved the Viterra Operations Pty Ltd Bulk Loading Plants Enterprise Agreement 2016.

The Fair Work Commission's decision was based on the comprehensive evidence of good faith bargaining and the alignment of the agreement with the statutory requirements. The Commission's approval of the enterprise agreement ensures that the terms will be applied to the employees in the specified sector, thereby facilitating improved workplace relations while adhering to the minimum standards set out in the Fair Work Act 2009.

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