DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Wilmar BioEthanol (Australia) Pty Ltd T/A Wilmar BioEthanol (Australia)
(AG2018/1072)

YARRAVILLE BIOETHANOL SITE ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 22 JUNE 2018

Application for approval of the Yarraville Bioethanol Site Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Yarraville Bioethanol Site Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wilmar BioEthanol (Australia) Pty Ltd T/A Wilmar BioEthanol (Australia). The Agreement is a single enterprise agreement.

[2] The Applicant 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] 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 29 June 2018. The nominal expiry date of the Agreement is 30 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Wilmar BioEthanol (Australia) Pty Ltd T/A Wilmar BioEthanol (Australia), sought approval for the Yarraville Bioethanol Site Enterprise Agreement 2017. This agreement related to the employment conditions of certain workers at the Yarraville site, which is involved in the production of bioethanol. The applicant argued that the agreement provided for fair and reasonable terms for both the employees and the employer. The application was heard by the Fair Work Commission, which was required to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues before the court were whether the agreement was genuinely a bargain between the parties, whether it provided for fair and reasonable terms and conditions of employment, and whether it complied with the requirements of the Fair Work Act 2009. The applicant needed to demonstrate that the agreement was not only procedurally sound but also substantively fair, covering essential aspects of the employment relationship. Additionally, the court had to consider whether the agreement adequately addressed the rights and obligations of the employees and the employer.

The Fair Work Commission found that the agreement was genuinely a bargain between the applicant and the employees, as it was the result of genuine negotiations between the parties. The court held that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the nature of the industry and the specific circumstances of the Yarraville site. The agreement was deemed to comply with the requirements of the Fair Work Act 2009, as it included provisions for minimum wages, leave entitlements, and other essential employment conditions. Consequently, the court approved the Yarraville Bioethanol Site Enterprise Agreement 2017.

The final orders of the Fair Work Commission were that the Yarraville Bioethanol Site Enterprise Agreement 2017 be approved as meeting the requirements of the Fair Work Act 2009. The agreement was to be registered and would come into effect on the date of the decision, providing a legally binding framework for the employment relationship at the Yarraville site.

Wilmar BioEthanol (Australia) Pty Ltd T/A Wilmar BioEthanol (Australia)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established