Norco Co-operative Limited Summary

[2013] FWCA 7261

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Norco Co-operative Limited
(AG2013/2750)

NORCO CO-OPERATIVE RURAL RETAIL AND AGRIBUSINESS ENTERPRISE AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 20 SEPTEMBER 2013

Application for approval of the Norco Co-operative Rural Retail and Agribusiness Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Norco Co-operative Rural Retail and Agribusiness Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 27 September 2013. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Norco Co-operative Limited was the subject of an application for the approval of the Norco Co-operative Rural Retail and Agribusiness Enterprise Agreement 2013. The dispute was heard in the Fair Work Commission. The primary legal issue before the court was whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the minimum entitlements that the agreement must cover.

The court examined whether the agreement met the statutory obligations concerning minimum wages, penalty rates, leave entitlements, and other employment conditions as stipulated under the Act. The Norco Co-operative argued that the agreement was fair and reasonable and covered all necessary terms. The court assessed the submissions and evidence provided by both parties, taking into account the principles of procedural fairness and the necessity for the agreement to promote harmonious, productive, and cooperative workplace relations.

After careful consideration, the court concluded that the Norco Co-operative Rural Retail and Agribusiness Enterprise Agreement 2013 did comply with the statutory requirements and was fair and reasonable. The court found that the agreement appropriately addressed the minimum entitlements and other employment conditions as prescribed by the Act. The court approved the agreement, ensuring that it would promote the intended objectives of cooperative and productive workplace relations.

Norco Co-operative Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established