Norco Co-operative Limited
[2019] FWCA 6828
•3 OCTOBER 2019
| [2019] FWCA 6828 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Norco Co-operative Limited
(AG2019/3403)
Norco Co-operative Limited Lismore Foods (NSW Operations) Employee Collective Agreement 2019-2022
| Food, beverages and tobacco manufacturing industry | |
| Deputy President Masson | MELBOURNE, 3 OCTOBER 2019 |
Application for approval of the Norco Co-operative Limited Lismore Foods (NSW Operations) Employee Collective Agreement 2019-2022.
An application has been made for approval of an enterprise agreement known as the Norco Co-operative Limited Lismore Foods (NSW Operations) Employee Collective Agreement 2019-2022 (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.
The Employer 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. The undertakings are taken to be a term of the agreement.
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.
I note that Clause 7.8 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.2 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
“The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Australasian Meat Industry Employees Union (AMIEU) 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 the organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 October 2019. The nominal expiry date of the Agreement is 30 June 2022.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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