DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Murray Goulburn Co-operative Co. Limited
(AG2016/7618)

MURRAY GOULBURN CO-OPERATIVE CO. LIMITED MILK COLLECTION EMPLOYEES AND TRANSPORT WORKERS’ UNION ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 15 FEBRUARY 2017

Application for approval of the Murray Goulburn Co-Operative Co. Limited Milk Collection Employees and Transport Workers’ Union Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Murray Goulburn Co-Operative Co. Limited Milk Collection Employees and Transport Workers’ Union Enterprise Agreement 2016 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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 Transport Workers’ Union of Australia 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 22 February 2017. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Murray Goulburn Co-operative Co. Limited brought an application to the Fair Work Commission seeking approval of the Milk Collection Employees and Transport Workers’ Union Enterprise Agreement 2016. The agreement was designed to govern the employment terms and conditions of Murray Goulburn’s milk collection employees. The union submitted that the agreement met the requirements for an enterprise agreement under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement met the statutory criteria for an enterprise agreement under section 172 of the Act. This included assessing whether the agreement had been made in good faith and without coercion, and whether it contained the minimum terms and conditions prescribed by the Act. The Commission also considered whether the agreement allowed for proper consultation with the employees and whether it provided for the resolution of disputes.

The Commission found that the agreement satisfied all the necessary statutory requirements. The union had properly consulted with the employees, and the agreement contained the minimum terms and conditions as prescribed by the Act. Furthermore, the Commission determined that the agreement had been made in good faith and without coercion. As a result, the Commission approved the agreement, finding it to be a suitable enterprise agreement under the Act.

The Commission’s final orders included the approval of the Milk Collection Employees and Transport Workers’ Union Enterprise Agreement 2016, effective from the date of the Commission’s decision. The agreement was to be registered by the parties and would govern the employment terms and conditions of Murray Goulburn’s milk collection employees until superseded by a new agreement.

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