DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Norco Co-Operative Limited
(AG2016/6879)

NORCO LABRADOR DRIVERS AND TWU ENTERPRISE AGREEMENT 2015-2018

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 21 DECEMBER 2016

Application for approval of the Norco Labrador Drivers and TWU Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Norco Labrador Drivers and TWU Enterprise Agreement 2015-2018 (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 Transport Workers’ Union of Australia 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 28 December 2016. The nominal expiry date of the Agreement 1 May 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Norco Co-Operative Limited, which sought approval for the Norco Labrador Drivers and TWU Enterprise Agreement 2015-2018. The dispute arose from the company’s application to the Fair Work Commission (FWC) for the approval of the enterprise agreement. The Transport Workers Union (TWU) was also a party to the application. The FWC had to determine whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issues before the FWC were whether the enterprise agreement provided for the mandatory matters as required by the Fair Work Act and whether the agreement had been fairly negotiated. Additionally, the FWC had to consider whether the agreement met the "better-off-overall test," ensuring that employees would be no worse off financially and had improved conditions compared to the previous agreement.

The FWC found that the agreement covered all mandatory matters, including minimum rates of pay, penalty rates, and leave entitlements. The commission was satisfied that the agreement had been fairly negotiated, with both parties participating in good faith. The FWC also concluded that the agreement met the better-off-overall test, as employees would benefit from increased wages and other improved conditions. Consequently, the FWC approved the enterprise agreement.

The Fair Work Commission approved the Norco Labrador Drivers and TWU Enterprise Agreement 2015-2018, finding it to be fair and meeting all statutory requirements.

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