Viterra Operations Pty Ltd T/A Viterra Operations Summary

[2021] FWCA 7285

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Viterra Operations Pty Ltd T/A Viterra Operations
(AG2021/8580)

VITERRA DOOEN AGREEMENT 2021

Agricultural industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 DECEMBER 2021

Application for approval of the Viterra Dooen Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Viterra Dooen Agreement 2021 (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 Operations. 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Viterra Operations Pty Ltd, trading as Viterra Operations, applied to the Fair Work Commission for the approval of the Viterra Dooen Agreement 2021. The dispute centred on the terms of the proposed enterprise agreement, which aimed to govern the employment conditions of certain employees within the company. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The applicants argued that the agreement was fair and reasonable, while the respondents raised concerns regarding specific provisions, including those related to employee entitlements and classification.

The legal issues before the Commission included whether the agreement provided for appropriate minimum wages and conditions, ensured procedural fairness in its development, and adhered to the requirements of the Fair Work Act. The Commission had to consider if the agreement met the "better off overall test," which required that employees be no worse off financially and, in some cases, better off overall, compared to their previous conditions of employment. Additionally, the Commission assessed whether the agreement contained terms that were contrary to public policy or were otherwise invalid.

In delivering its decision, the Commission found that the Viterra Dooen Agreement 2021 was fair and reasonable. The Commission noted that the agreement provided for adequate minimum wages and conditions that complied with the statutory requirements. Furthermore, the process by which the agreement was developed was deemed procedurally fair. The Commission also determined that the agreement met the better off overall test, as employees would not be worse off and, in some cases, would experience improved conditions. Consequently, the Commission approved the agreement, finding that it did not contain any terms that were contrary to public policy or otherwise invalid.

The Fair Work Commission's final order was the approval of the Viterra Dooen Agreement 2021, effective from the date of the decision. The agreement was to govern the employment conditions of the specified employees, and the Commission's approval was based on the finding that the agreement was fair and reasonable, met the statutory requirements, and did not contravene any public policy considerations.

Viterra Operations Pty Ltd T/A Viterra Operations

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established