DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Murray Goulburn Co-operative Co. Limited
(AG2018/281)

MURRAY GOULBURN CO-OPERATIVE CO. LIMITED (VICTORIAN SITES) NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 23 APRIL 2018

Application for approval of the Murray Goulburn Co-Operative Co. Limited (Victorian Sites) National Union of Workers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Murray Goulburn Co-Operative Co. Limited (Victorian Sites) National Union of Workers 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 Murray Goulburn Co-operative Co. Limited. 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 National Union of Workers 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 April 2018. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Murray Goulburn Co-operative Co. Limited sought approval of an enterprise agreement from the Fair Work Commission. The Victorian Sites division of the National Union of Workers argued the proposed agreement was fair and reasonable. The Commission was required to determine whether the proposed agreement met the statutory requirements for approval. The key issues were whether the agreement had been made in good faith, whether it contained the prescribed terms, and whether it was likely to achieve a more productive workplace.

The Commission examined the evidence and submissions from both parties. It found that the agreement had been made in good faith, as there had been genuine bargaining between the parties. The agreement contained all the prescribed terms, including those relating to minimum rates of pay, classification, and dispute resolution. The Commission also found that the proposed agreement was likely to achieve a more productive workplace by promoting flexibility and efficiency. The Commission approved the agreement, stating that it met all the statutory requirements for approval.

The Fair Work Commission approved the Murray Goulburn Co-Operative Co. Limited (Victorian Sites) National Union of Workers Enterprise Agreement 2017. The Commission found that the agreement had been made in good faith, contained all the prescribed terms, and was likely to achieve a more productive workplace. The Commission's decision provides guidance to other parties seeking to negotiate and approve enterprise agreements.

Murray Goulburn Co-operative Co. Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established