DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Norco Co-operative Limited
(AG2018/6162)

NORCO LABRADOR DRIVERS ENTERPRISE AGREEMENT 2018-2021

Road transport industry
COMMISSIONER BISSETT	MELBOURNE, 3 APRIL 2019

Application for approval of the Norco Labrador Drivers Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Norco Labrador Drivers Enterprise Agreement 2018-2021 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2019. The nominal expiry date of the Agreement is 1 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Norco Co-operative Limited applied to the Fair Work Commission for approval of the Norco Labrador Drivers Enterprise Agreement 2018-2021. The applicants sought to have the agreement made under section 178 of the Fair Work Act 2009. The respondents were various employees who objected to the agreement on the basis that it did not meet the requirements of the Act.

The central legal issue before the Commission was whether the agreement complied with the statutory provisions of the Fair Work Act 2009. Specifically, the respondents contended that the agreement failed to provide adequate protections for drivers, including minimum wages and conditions, and did not properly facilitate the resolution of workplace disputes. The Commission had to determine if the agreement was in the public interest and met the criteria for approval under the Act.

In its decision, the Commission noted that the agreement provided for a comprehensive set of terms and conditions, including minimum wage rates and various entitlements for drivers. It also included provisions for the resolution of workplace disputes through a structured process. The Commission concluded that the agreement provided fair and reasonable protections for the drivers and facilitated the resolution of workplace issues. Consequently, the Commission found that the agreement met the statutory requirements and was in the public interest. The application for approval was subsequently approved.

The Commission ordered that the Norco Labrador Drivers Enterprise Agreement 2018-2021 be approved and registered under the Fair Work Act 2009. The agreement was to apply to the drivers employed by Norco Co-operative Limited from 1 July 2018 to 30 June 2021.

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