Application for the approval of the GrainCorp Operations Limited (Newcastle Terminal) Enterprise Agreement 2025

[1] GrainCorp Operations Limited trading as GrainCorp (the Employer) has made an application for approval of an enterprise agreement known as the GrainCorp Operations Limited (Newcastle Terminal) Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Agreement will apply to employees who are covered by either the Stevedoring Industry Award 2020 (Stevedoring Award), the Manufacturing and Associated Industries and Occupations Award 2020 (Manufacturing Award) or the Storage Services and Wholesale Award 2020 (Storage Award).

Inconsistency with the National Employment Standards (NES)

[3] The Commission raised the following issues with the Employer which are relevant to whether the Agreement is consistent with the NES:

1. Clause 16.2 of the Agreement provides that the Employer may withhold monies due to the employee on termination that is equivalent to the amount of required notice not provided by the employee under the Agreement. This provision does not appear to limit the source of monies which may be deducted and may be inconsistent with Chapter 2 Part 2.2 Division 2 of the Act.

2. Clause 32 provides for compassionate leave; however, it is silent is relation to the entitlement to compassionate leave when the employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child. This is inconsistent with s 104(1)(c) of the Act.

[4] Pursuant to clause 7.3, clauses 16.2 and 32 will be read and interpreted in conjunction with the NES.

Better Off Overall Test (BOOT) Issue - Shift penalties

[5] Clause 28.1(c) of the Agreement provides for continuous shiftworkers to be paid at 130% for all shifts worked Monday to Sunday. This is less beneficial than clause 23 of the Stevedoring Award which pays 150% for evening shift (equivalent to afternoon in the Agreement) Monday to Friday, 200% for any shift on Saturday, and 250% for any shift worked Sunday.

[6] The Employer provided written submissions and undertakings to address the above BOOT issue. A copy of the undertakings is attached in Schedule E of the Agreement. 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.

[7] 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.

[8] The Maritime Union of Australia (MUA), a Division of the Construction, Forestry and Maritime Employees' Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement.

[9] In accordance with s.201(2), I note that the Agreement covers the MUA and the CEPU.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 February 2026. The nominal expiry date of the Agreement is 28 July 2028.

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