DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Murray Goulburn Co-operative Co. Limited
(AG2016/4000)

MURRAY GOULBURN CO-OPERATIVE CO. LIMITED AND NATIONAL UNION OF WORKERS DEVONDALE DAIRY BEVERAGE CENTRE AGREEMENT

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 12 SEPTEMBER 2016

Application for approval of the Murray Goulburn Co-operative Co. Limited and National Union of Workers Devondale Dairy Beverage Centre Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Murray Goulburn Co-operative Co. Limited and National Union of Workers Devondale Dairy Beverage Centre Agreement (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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case involving the Murray Goulburn Co-operative Co. Limited and the National Union of Workers, the Fair Work Commission was tasked with considering the approval of a new enterprise agreement. The dispute centred around the terms of the proposed agreement which had been negotiated between the parties. The application for approval was brought before the Commission to determine whether the agreement met the necessary legislative requirements for endorsement.

The primary legal issue before the Commission was whether the agreement provided for a fair and reasonable method of determining the wages and other conditions of employment of the workers. Additionally, the Commission had to consider whether the agreement adhered to the provisions outlined in the Fair Work Act 2009, specifically focusing on the procedural fairness and the protection of employee rights. The National Union of Workers argued that certain clauses within the agreement did not adequately protect the interests of the employees, while the Murray Goulburn Co-operative Co. Limited contended that the agreement was fair and reasonable.

The Fair Work Commission examined the provisions of the agreement and the submissions made by both parties. The Commission found that the agreement, while largely fair, contained certain clauses that did not sufficiently protect the rights of the employees. Consequently, the Commission recommended amendments to ensure that the agreement met the statutory requirements for approval. The Commission emphasised the importance of maintaining a balance between the interests of the employer and the rights of the employees. After the recommended amendments were made, the Commission approved the agreement, finding it to be fair and reasonable in all aspects.

The final orders included the approval of the Murray Goulburn Co-operative Co. Limited and National Union of Workers Devondale Dairy Beverage Centre Agreement, subject to the amendments made by the Commission. The agreement was to be registered with the Fair Work Commission, and the parties were directed to implement the changes within the specified timeframe. The decision highlighted the importance of ensuring that enterprise agreements provide adequate protection for employees while also allowing for fair negotiations between employers and unions.

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