DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Norco Co-operative Limited
(AG2016/5202)

NORCO CO-OPERATIVE RURAL RETAIL AND AGRIBUSINESS ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 25 OCTOBER 2016

Application for approval of the Norco Co-operative Rural Retail and Agribusiness Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Norco Co-operative Rural Retail and Agribusiness Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Norco Co-operative Limited. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Shop, Distributive and Allied Employees Association 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 25 October 2016 and, in accordance with s.54, will operate from 1 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Norco Co-operative Limited, the applicant, sought approval for the Norco Co-operative Rural Retail and Agribusiness Enterprise Agreement 2016 from the Fair Work Commission. The application involved an enterprise agreement that would govern the working conditions of Norco’s employees. The dispute centred on whether the agreement complied with the Fair Work Act 2009, specifically concerning the requirements for bargaining and the agreement’s provisions.

The primary legal issue before the court was whether the agreement met the statutory criteria for approval under the Fair Work Act. This included verifying that the agreement was made in good faith and determining if it contained the necessary minimum terms and conditions as outlined by the legislation. Additionally, the court had to assess whether the agreement had been fairly negotiated and if it adhered to the procedural requirements set forth in the Act.

The Fair Work Commission found that the agreement was indeed made in good faith and was fairly negotiated. The commission reviewed the agreement's provisions and concluded that it contained all the mandated minimum terms and conditions. The court also noted that the necessary procedural steps had been followed, including providing employees with the required information and allowing them to make submissions. Based on these findings, the commission approved the application.

As a result of the court's decision, the Norco Co-operative Rural Retail and Agribusiness Enterprise Agreement 2016 was approved, and it became effective from the date of the commission's decision. This approval ensured that the agreement would govern the employment conditions of Norco’s employees as stipulated.

Norco Co-operative Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established