Application for approval of the Viterra Operations Pty Ltd - Wallaroo Enterprise Agreement 2025

[1] Viterra Operations Pty Ltd has applied for approval of an enterprise agreement known as the Viterra Operations Pty Ltd - Wallaroo Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009.

[2] The Agreement is a single enterprise agreement.

[3] I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

• Clause 6.3.6 - Hours of work - reasonable additional hours

• App 3.1.3 of Appendix 3 - Termination

[4] Clause 2.1.4 of the Agreement gives precedence to the NES and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Employer has provided written undertakings. 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.

[6] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[7] The Australian Workers' Union (AWU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the AWU.

[8] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 2 July 2025.

[9] In accordance with clause 1.4.1, the nominal expiry date of the Agreement is 3 March 2027.

Variation under s 218A

[10] Section 218A of the Act allows the Commission to correct or amend obvious errors, defects or irregularities. It is a discretionary power, and the Commission must first be satisfied that the identified errors or amendments sought are obvious errors, defects or irregularities.

[11] I determined to vary the Agreement on my own initiative, following the identification of typographical errors in clauses 6.8.8.2 and 6.9.2.3.

[12] The Applicant provided an amended copy of the Agreement, with only the amendments identified above.

[13] I am satisfied that the amendments should be made and that it is appropriate to do so in accordance with s 218A. The variation will operate from the date the Agreement commences.

[14] The Agreement attached to this Decision is the Agreement as varied and will operate from 2 July 2025. The nominal expiry date of the Agreement as varied is 3 March 2027.

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