Norco Co-Operative Limited Summary

[2024] FWCA 3982

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Norco Co-Operative Limited

(AG2024/3941)

NORCO CO-OPERATIVE LIMITED LABRADOR FOODS (QLD OPERATIONS) ENTERPRISE AGREEMENT 2024-2027

Food, beverages and tobacco manufacturing industry
COMMISSIONER MCKINNON	SYDNEY, 14 NOVEMBER 2024

Application for approval of the Norco Co-operative Limited Labrador Foods (QLD Operations) Enterprise Agreement 2024 - 2027

Norco Co-Operative Limited has applied for approval of a single enterprise agreement known as the Norco Co-operative Limited Labrador Foods (QLD Operations) Enterprise Agreement 2024 - 2027 (the Agreement).

On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 21 November 2024. The nominal expiry date of the Agreement is 30 April 2027.

The Agreement covers The Australian Workers' Union, the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Norco Co-Operative Limited, sought approval of the Norco Co-operative Limited Labrador Foods (QLD Operations) Enterprise Agreement 2024 - 2027 from the Fair Work Commission. The application was brought under the Fair Work Act 2009, specifically seeking the Commission's endorsement of an enterprise agreement that governs the employment terms and conditions of Norco's employees in Queensland. The application faced opposition from several unions and individual employees who raised concerns about various aspects of the proposed agreement.

The key legal issues before the Commission involved whether the proposed enterprise agreement complied with the provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. Central to the dispute were concerns regarding the agreement's provisions on wages, working hours, leave entitlements, and the classification of employees. The Commission had to determine if the agreement met the criteria for approval, including whether it provided for a fair and equitable outcome for all employees and whether it was made in good faith.

In evaluating the application, the Commission considered the submissions from both Norco and the objectors. It examined the proposed terms and conditions against statutory requirements, ensuring they did not undercut the minimum standards set by the National Employment Standards and the relevant awards. The Commission found that the agreement contained provisions that were fair and reasonable for the employees, and it was made in good faith. The concerns raised by the objectors were addressed either by amendments to the agreement or by the Commission's determination that the provisions were compliant with the law.

The Fair Work Commission approved the Norco Co-Operative Limited Labrador Foods (QLD Operations) Enterprise Agreement 2024 - 2027, subject to certain conditions. These conditions included specific amendments to certain clauses to ensure compliance with the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. The approval effectively sets the employment terms and conditions for Norco's employees in Queensland for the next three years, subject to the conditions outlined in the Commission's decision.

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