Norco Cooperative Limited Summary

[2022] FWCA 451

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Norco Cooperative Limited

(AG2022/76)

Norco Labrador Drivers Enterprise Agreement 2021-2024

Food, beverages and tobacco manufacturing industry
COMMISSIONER SPENCER	BRISBANE, 11 FEBRUARY 2022

Application for approval of the Norco Labrador Drivers Enterprise Agreement 2021-2024.

An application has been made for approval of an enterprise agreement known as the Norco Labrador Drivers Enterprise Agreement 2021-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Norco Cooperative Limited (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 2022. The nominal expiry date of the Agreement is 1 May 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Norco Cooperative Limited recently sought approval of the Norco Labrador Drivers Enterprise Agreement 2021-2024 in the Fair Work Commission. The dispute centred on the terms and conditions of employment for drivers within Norco's Labrador operation. The Fair Work Commission was tasked with determining whether the proposed agreement was in the best interests of the employees and whether it complied with relevant industrial laws and regulations.

The legal issues before the court involved the interpretation of the Fair Work Act 2009, specifically sections relating to enterprise agreements and the criteria for their approval. The primary focus was on whether the agreement met the "better off overall test" (BOOT), ensuring that the drivers would be better off overall with the new agreement than under the existing conditions. Additionally, the court needed to verify that the agreement was genuinely negotiated and that it adhered to the procedural requirements for enterprise agreements.

In delivering its decision, the Fair Work Commission examined the evidence provided by both Norco Cooperative Limited and the drivers' representatives. The court assessed whether the proposed agreement provided sufficient protections and benefits to the drivers, taking into account their working conditions, wages, and other employment-related matters. The Commission concluded that the agreement was fair and met the BOOT, and that it was appropriately negotiated and procedurally sound. Therefore, the court approved the Norco Labrador Drivers Enterprise Agreement 2021-2024.

Norco Cooperative Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established