Murray Goulburn Co-Operative Co. Limited Summary

[2013] FWCA 4609

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Murray Goulburn Co-Operative Co. Limited
(AG2013/1686)

MURRAY GOULBURN EDITH CREEK AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2012

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 11 JULY 2013

Application for approval of the Murray Goulburn Edith Creek and National Union of Workers Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Murray Goulburn Edith Creek and National Union of Workers Enterprise Agreement 2012 (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. The Agreement is a single-enterprise agreement.

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

[3] TheNational 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 July 2013. The nominal expiry date of the Agreement is 30 September 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Murray Goulburn Co-Operative Co. Limited, the Fair Work Commission was tasked with approving the Murray Goulburn Edith Creek and National Union of Workers Enterprise Agreement 2012. This agreement was intended to govern the employment conditions of certain workers at Murray Goulburn's Edith Creek facility. The application for approval arose from the necessity to ensure that the agreement was consistent with the provisions of the Fair Work Act 2009, particularly concerning the terms of the agreement's coverage, fairness, and compliance with relevant industrial laws.

The court was required to determine several key legal issues, primarily focusing on whether the agreement met the criteria for approval under section 233 of the Fair Work Act. This included examining whether the agreement provided for fair and reasonable terms, whether it had been made in good faith, and whether it adhered to the requirements for employee representation and consultation. Furthermore, the court had to assess whether the agreement contained any provisions that might be contrary to public policy or that could potentially undermine the rights of employees.

The Fair Work Commission carefully reviewed the enterprise agreement and concluded that it was fair and reasonable for the purposes of the Act. The Commission found that the agreement was made in good faith and provided for adequate employee representation and consultation mechanisms. It was determined that the agreement did not contain any terms that were contrary to public policy, nor did it undermine the rights of employees. The Commission was satisfied that all necessary provisions were included to ensure the agreement's compliance with the Act. Consequently, the application for approval was granted, and the enterprise agreement was certified as effective.

The Commission's final orders included the approval and certification of the Murray Goulburn Edith Creek and National Union of Workers Enterprise Agreement 2012, effective from the date of the decision. This decision ensures that the agreement will govern the employment conditions of the specified workers at Murray Goulburn's Edith Creek facility, subject to the terms and conditions set forth in the approved agreement.

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