Norco Co-operative Limited Summary

[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

Annexure A

CaseChat Overview and Summary

Norco Co-operative Limited applied for approval of the Norco Co-operative Limited Lismore Foods (NSW Operations) Employee Collective Agreement 2019-2022. The application was brought before the Fair Work Commission. The dispute centred on the terms of the proposed agreement, specifically whether it complied with the requirements of the Fair Work Act 2009. The application required the Commission to consider the fairness of the proposed agreement, including its compliance with the ‘better off overall test’ and whether it contained any unfair provisions. The Commission also needed to evaluate the process by which the agreement was formed.

The key legal issues involved determining whether the agreement met the statutory criteria for approval and whether it provided a fair outcome for the employees. The Commission had to assess if the agreement was genuinely bargained, if the terms were reasonable, and if the employees were adequately represented during the bargaining process. Additionally, the Commission needed to ensure that the agreement did not include any terms that were unfair under the provisions of the Fair Work Act. The Commission considered submissions from both Norco and the relevant unions, as well as evidence regarding the bargaining process and the terms of the agreement.

In its decision, the Commission concluded that the proposed agreement was fair and met all statutory requirements for approval. The Commission found that the agreement was genuinely bargained and that the terms were reasonable, providing a fair outcome for the employees. The Commission also found that the employees were adequately represented during the bargaining process and that there were no unfair provisions in the agreement. The Commission approved the Norco Co-operative Limited Lismore Foods (NSW Operations) Employee Collective Agreement 2019-2022, noting that it complied with the relevant legislative requirements and was fair and reasonable.

The Commission issued an order approving the agreement, which will now be binding on the parties for the specified period. The approval was contingent on the agreement being implemented in good faith and in accordance with the Fair Work Act. This decision ensures that the terms of the agreement will govern the employment conditions of the relevant employees, providing a stable and fair framework for industrial relations within Norco’s NSW operations.

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