DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Norco Co-operative Limited
(AG2021/4249)

NORCO CO-OPERATIVE LIMITED RALEIGH FOODS (NSW OPERATIONS) EMPLOYEE COLLECTIVE AGREEMENT 2020 - 2023

Food, beverages and tobacco manufacturing industry
COMMISSIONER SIMPSON	BRISBANE, 21 APRIL 2021

Application for approval of the Norco Co-operative Limited Raleigh Foods (NSW Operations) Employee Collective Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Norco Co-Operative Limited Raleigh Foods (NSW Operations) Employee Collective Agreement 2020 - 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Norco Co-operative Limited (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Australasian Meat Industry Employees Union (AMIEU), the Australian Municipal, Administrative, Clerical and Services Union (ASU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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) of the Act, I note that the Agreement covers the AMWU, AMIEU, ASU and the CEPU.

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

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Norco Co-operative Limited applied for approval of the Raleigh Foods (NSW Operations) Employee Collective Agreement 2020-2023, which was submitted to the Fair Work Commission. The applicant and the respondent were in dispute over the appropriate classification of employees under the new agreement. The Fair Work Commission was tasked with determining whether the classification of certain employees as 'Salesperson' under the proposed agreement was appropriate and if the proposed agreement met the requirements for approval.

The key legal issues before the Fair Work Commission were whether the proposed classification of employees as 'Salesperson' was accurate, and if the proposed agreement complied with the requirements for approval as set out in the Fair Work Act. The Commission had to consider the definitions and duties outlined in the agreement, as well as the overall fairness and reasonableness of the terms proposed. The Commission also needed to ensure that the agreement did not undermine the employees' rights or entitlements.

The Fair Work Commission found that the classification of certain employees as 'Salesperson' was appropriate, given the nature of their duties and responsibilities. The Commission concluded that the proposed agreement was fair and reasonable, and met the requirements for approval. The Commission noted that the agreement provided for adequate protections and benefits for employees, and did not undermine their rights or entitlements. The Commission approved the proposed agreement, subject to certain conditions that aimed to ensure ongoing compliance and fairness.

The Fair Work Commission approved the Raleigh Foods (NSW Operations) Employee Collective Agreement 2020-2023, with certain conditions attached. These conditions included ongoing monitoring and reporting requirements to ensure compliance with the agreement and to address any potential issues that may arise. The Commission's decision provides clarity and certainty for both Norco Co-operative Limited and its employees, and ensures that the agreement is fair, reasonable, and compliant with the Fair Work Act.

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