DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Norco Co-operative Limited
(AG2018/859)

NORCO CO-OPERATIVE LIMITED RALEIGH FOODS (NSW OPERATIONS) EMPLOYEE COLLECTIVE AGREEMENT 2017 - 2020

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 JULY 2018

Application for approval of the Norco Co-operative Limited Raleigh Foods (NSW Operations) Employee Collective Agreement 2017 - 2020.

[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 2017 - 2020 (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] The Applicant 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.

[3] 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.

[4] The Australasian Meat Industry Employees Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Australian Municipal, Administrative, Clerical and Services Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2018. The nominal expiry date of the Agreement is 31 October 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Norco Co-operative Limited applied for approval of a proposed employee collective agreement with Raleigh Foods (NSW Operations) for the period 2017-2020. The application was made to the Fair Work Commission (FWC), which is responsible for approving and registering such agreements under the Fair Work Act 2009. The primary issue before the FWC was whether the proposed agreement met the criteria for approval under the Act. Specifically, the FWC needed to determine if the agreement was made in good faith, whether it provided for a fair and efficient method of resolving workplace disputes, and if it included provisions that were in the best interests of the employees.

The FWC considered the evidence presented by both parties, including submissions on the process of negotiation, the content of the agreement, and the extent to which it complied with the statutory requirements. The court assessed the fairness of the agreement by examining whether it addressed key terms and conditions of employment, such as wages, hours of work, and other terms that were reasonable and necessary for the proper functioning of the workplace. The FWC also evaluated whether the agreement provided for an effective dispute resolution process that would ensure that any issues could be resolved promptly and fairly.

In its decision, the FWC found that the proposed agreement was made in good faith and contained provisions that were fair and reasonable. The court determined that the agreement provided for an efficient method of resolving workplace disputes and included terms that were in the best interests of the employees. The FWC approved the application and registered the collective agreement as required by the Fair Work Act. The decision was based on the comprehensive evidence provided by Norco Co-operative Limited and Raleigh Foods (NSW Operations) that demonstrated compliance with the statutory requirements. The FWC's approval ensures that the agreement will now serve as the basis for the terms and conditions of employment for the relevant employees.

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