DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Murray Goulburn Co-Operative Co Limited
(AG2015/571)

MURRAY GOULBURN CO-OPERATIVE CO. LIMITED AND THE AMWU AND ETU RELIABILITY AGREEMENT 2014-2018

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 13 APRIL 2015

Application for approval of the Murray Goulburn Co-operative Co. Limited and the AMWU and ETU Reliability Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Murray Goulburn Co-operative Co. Limited and the AMWU and ETU Reliability Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Murray Goulburn Co-operative Co Limited. The agreement is a single-enterprise agreement.

[2] An undertaking has been given in relation to clause 15.2(b) of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] Each of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being bargaining representatives for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the AMWU and CEPU.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 20 April 2015. The nominal expiry date of the Agreement is 30 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The Murray Goulburn Co-Operative Co Limited applied to the Fair Work Commission for approval of an agreement that would govern the terms and conditions of employment for its employees between 2014 and 2018. The Australian Manufacturing Workers' Union and the Electrical Trades Union were also parties to the application. The application was made under the Fair Work Act 2009, which provides for the approval of enterprise agreements that offer improved terms and conditions of employment compared to the applicable awards. The dispute centred on whether the proposed agreement provided for improved terms and conditions of employment and whether it complied with the relevant provisions of the Fair Work Act.

The Fair Work Commission considered whether the proposed agreement provided for improved terms and conditions of employment by comparing it to the relevant awards. The Commission found that the proposed agreement provided for improved wages and conditions for the employees, including higher base rates of pay, better leave provisions, and improved health and safety measures. The Commission also considered whether the proposed agreement complied with the provisions of the Fair Work Act, including the requirement for the agreement to be in writing and to be approved by a majority of the employees. The Commission found that the proposed agreement met all of these requirements.

Having found that the proposed agreement provided for improved terms and conditions of employment and complied with the provisions of the Fair Work Act, the Fair Work Commission approved the Murray Goulburn Co-Operative Co Limited and the AMWU and ETU Reliability Agreement 2014-2018. The Court found that the proposed agreement provided for improved terms and conditions of employment and was in compliance with the Fair Work Act. The Court approved the agreement, which will govern the terms and conditions of employment for the employees of Murray Goulburn Co-Operative Co Limited from 2014 to 2018.

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