Viterra Operations Pty Ltd T/A Viterra Operations Pty Ltd

Case •

[2023] FWCA 2230

•

20 JULY 2023
[2023] FWCA 2230

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Viterra Operations Pty Ltd T/A Viterra Operations Pty Ltd

(AG2023/2255)

VITERRA OPERATIONS PTY LTD ADELAIDE PORTS

AGREEMENT 2022

Agricultural industry

COMMISSIONER PLATT

ADELAIDE, 20 JULY 2023

Application for approval of the Viterra Operations Pty Ltd Adelaide Ports Agreement 2022.

  1. An application has been made for approval of an enterprise agreement known as the Viterra Operations Pty Ltd Adelaide Ports Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Viterra Operations Pty Ltd T/A Viterra Operations Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

  1. The matter was allocated to my Chambers on 13 July 2023.

  1. There are two National Employment Standards (NES) issues that require comment:

·  Clause 6.1 indicates that an employee shall work 40 ordinary hours per week. This appears to be contradictory to the NES which states that employees can work for 38 ordinary hours per week.

·  Clause 7.3.1 provides for compassionate leave, however the clause appears to be silent on the entitlement to leave when the employee, their partner, or spouse gives birth to a still born child or has a miscarriage as per s104 of the Act.

  1. Clause 2.1.5 of the Agreement acts as an effective NES precedence clause. As a result of the NES precedence clause, the above clauses will not apply to the extent that they are inconsistent with the NES.

  1. The Construction, Forestry, Maritime, Mining and Energy 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.

  1. 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 August 2024.


COMMISSIONER

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