DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Norco Cooperative Limited
(AG2016/2240)

NORCO CO-OPERATIVE LIMITED LABRADOR FOODS (QLD OPERATIONS) ENTERPRISE AGREEMENT 2015-2018

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 16 FEBRUARY 2016

Application for approval of the Norco Co-operative Limited Labrador Foods (Qld Operations) Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Norco Co-operative Limited Labrador Foods (Qld Operations) 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 Cooperative 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2016. The nominal expiry date of the Agreement is 30 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Norco Cooperative Limited, the Federal Circuit Court was tasked with approving an enterprise agreement between Norco Co-operative Limited and its employees, specifically those involved in the Labrador Foods (Queensland Operations). The application was made to ensure the agreement, which covered the period from 2015 to 2018, was compliant with the necessary legislative requirements under the Fair Work Act 2009.

The primary legal issue before the court was to determine whether the proposed enterprise agreement met the statutory criteria for approval. This involved examining if the agreement had been made in good faith, if it provided for the genuine bargaining between the employer and the employees, and whether it adhered to the procedural requirements set forth in the Fair Work Act. Furthermore, the court had to ensure that the agreement did not include terms that were unfair, as defined by the Act.

The court's analysis revealed that the agreement had been made in good faith and that the bargaining process was genuine, as evidenced by the submissions and the documentation presented. The court found that all procedural requirements were met, and there were no terms that were deemed unfair. Consequently, the court approved the enterprise agreement, confirming its compliance with the legislative standards.

The court's decision was definitive, with the agreement being approved and becoming effective as of the specified period. The orders made by the court were that the Norco Co-operative Limited Labrador Foods (Queensland Operations) Enterprise Agreement 2015-2018 be, and it was, approved in accordance with the provisions of the Fair Work Act 2009.

Norco Cooperative Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established