DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Murray Goulburn Co-Operative Co
(AG2015/4250)

THE MURRAY GOULBURN EDITH CREEK AND NATIONALUNION OF WORKERS ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	ADELAIDE, 20 AUGUST 2015

Application for approval of the Murray Goulburn Edith Creek and National Union of Workers Enterprise Agreement 2014.

[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 2014 (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. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The National Union of Workers and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 August 2015. The nominal expiry date of the Agreement is 30 September 2017.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent matter of Murray Goulburn Co-Operative Co, the Fair Work Commission was tasked with determining the approval of the Murray Goulburn Edith Creek and National Union of Workers Enterprise Agreement 2014. This agreement, which was the product of negotiations between Murray Goulburn Co-Operative Co Limited and the National Union of Workers, pertains to the employment conditions of various workers employed by Murray Goulburn at Edith Creek. The dispute arose as the Union sought formal endorsement of the agreement under the Fair Work Act 2009, while Murray Goulburn had objections to certain provisions within the agreement.

The primary legal issues before the Commission centred on whether the agreement met the formal requirements for approval under the Fair Work Act. These requirements include ensuring that the agreement was made in good faith, contained only matters that were genuinely related to the employment relationship, and did not include any terms that were contrary to public policy or unjust. Murray Goulburn raised concerns over several provisions, arguing they were either outside the scope of the agreement's purpose or contravened public policy.

In reaching its decision, the Commission meticulously examined each contested provision of the agreement. The Commission held that the agreement was largely in line with the requirements of the Act, finding that the majority of the provisions were genuinely related to the employment relationship. However, certain clauses were deemed to be outside the scope of the agreement or contrary to public policy. Despite these issues, the Commission determined that the overall purpose and intent of the agreement were in good faith and beneficial to the employees. Consequently, the Commission approved the agreement with specific modifications to rectify the identified issues, ensuring compliance with the Act.

The Commission's final orders included the approval of the Murray Goulburn Edith Creek and National Union of Workers Enterprise Agreement 2014, subject to the modifications made to address the concerns raised by Murray Goulburn. These modifications were intended to ensure the agreement met all statutory requirements and maintained a balance between the interests of the employees and the employer.

Murray Goulburn Co-Operative Co

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established