Norco Cooperative Limited
[2022] FWCA 4096
•22 NOVEMBER 2022
| [2022] FWCA 4096 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Norco Cooperative Limited
(AG2022/4469)
Norco Co-operative AgriSolutions Enterprise Agreement 2022
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 22 NOVEMBER 2022 |
Application for approval of the Norco Co-operative AgriSolutions Enterprise Agreement 2022.
Norco Cooperative Limited (the Employer) has made an application for the approval of the Norco Co-operative AgriSolutions Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.
Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.
I note that the following clauses are potentially inconsistent with the National Employment Standards (NES):
- Clause 5.5 – Contract of Employment
- Clause 17.2 – Annual Leave
- Clause 20.4 – Personal/Carer’s Leave
Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Shop, Distributive and Allied Employees Association (SDA) was a bargaining representative for the Agreement and 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 SDA.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 November 2022. The nominal expiry date of the Agreement is 30 June 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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