Murray Goulburn Co-Operative Co. Limited Summary

[2013] FWCA 8696

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Murray Goulburn Co-Operative Co. Limited
(AG2013/9729)

MURRAY GOULBURN CO-OPERATIVE COMPANY LIMITED TRANSPORT EMPLOYEES ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 5 NOVEMBER 2013

Application for approval of the Murray Goulburn Co-Operative Company Limited Transport Employees Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Murray Goulburn Co-Operative Company Limited Transport Employees Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Murray Goulburn Co-Operative Co. Limited (the Company). The agreement is a single-enterprise agreement.

[2] On 4 November 2013 an undertaking was provided by the Company’s P&C Manager, Ms K Anderson, in relation to clause 15.3 (Part-time employment) of the Agreement. Pursuant to s.190 of the Act, I accept the undertaking of the Company. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 November 2013. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Murray Goulburn Co-Operative Co. Limited sought approval of the Murray Goulburn Co-Operative Company Limited Transport Employees Enterprise Agreement 2013. This dispute arose between the company and its transport employees over the terms and conditions of employment specified in the proposed enterprise agreement. The applicants were represented by counsel, while the employees were represented by a union official.

The key legal issues that the Commission had to decide involved the fairness and reasonableness of the terms and conditions outlined in the proposed enterprise agreement. Specifically, the Commission needed to assess whether the agreement met the requirements of the Fair Work Act 2009 and whether it complied with the 'better off overall test'. This test ensures that employees are not worse off financially and have adequate protections under the new agreement compared to the existing award or agreement.

After considering the submissions from both parties and the evidence presented, the Commission found that the proposed enterprise agreement was fair and reasonable. The Commission concluded that the agreement met the statutory requirements and passed the better off overall test, as it provided for better pay and conditions for the employees without causing financial hardship to the company. The Commission approved the enterprise agreement, which will now govern the employment terms and conditions of the transport employees within Murray Goulburn Co-Operative Co. Limited.

The Fair Work Commission approved the Murray Goulburn Co-Operative Company Limited Transport Employees Enterprise Agreement 2013, effective from the date of the decision. The new agreement will replace the existing transport employees' award or agreement, providing updated terms and conditions for the employees involved.

Murray Goulburn Co-Operative Co. Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established