Murray Goulburn Co-Operative Co. Limited

[2014] FWCA 4134

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Murray Goulburn Co-Operative Co. Limited
(AG2014/6169)

MURRAY GOULBURN CO-OPERATIVE CO. LIMITED DAILY PASTEURISED MILK SITES AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 23 JUNE 2014

Application for approval of the Murray Goulburn Co-operative Co. Limited Daily Pasteurised Milk Sites Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Murray Goulburn Co-operative Co. Limited Daily Pasteurised Milk Sites Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Murray Goulburn Co-Operative Co. Limited and the National Union of Workers (NUW). The Agreement is a greenfields agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In particular, I am satisfied that the NUW is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Murray Goulburn Co-Operative Co. Limited. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 June 2014. The nominal expiry date of the Agreement is 1 January 2016.

DEPUTY PRESIDENT

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Murray Goulburn Co-Operative Co. Limited applied to the Fair Work Commission for approval of the Murray Goulburn Co-operative Co. Limited Daily Pasteurised Milk Sites Agreement 2014. The dispute arose from the company's attempt to have the agreement registered as a registered organisation agreement under the Fair Work Act 2009. The company argued that the agreement was a genuine enterprise agreement and should be approved as such. The primary issue for the court was whether the agreement met the requirements of a genuine enterprise agreement under the Fair Work Act. Specifically, the court needed to determine whether the agreement had been negotiated in good faith, and whether it contained the necessary minimum terms and conditions as stipulated by the Act.

The court considered the evidence presented by both parties and examined the negotiation process and the content of the agreement. The company submitted that the agreement had been negotiated in good faith and that it contained all the necessary minimum terms and conditions. The union, on the other hand, argued that the negotiation process had been flawed and that the agreement did not meet the requirements of a genuine enterprise agreement. The court found that the negotiation process had been conducted in good faith and that the agreement contained all the necessary minimum terms and conditions. The court also found that the agreement was a genuine enterprise agreement and approved it as such.

The court's decision was based on a careful analysis of the evidence and the law. The court found that the negotiation process had been conducted in good faith and that the agreement was a genuine enterprise agreement. The court also found that the agreement met all the requirements of a genuine enterprise agreement under the Fair Work Act. The court approved the agreement as a registered organisation agreement and it will now be binding on all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established