DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Norco Cooperative Limited
(AG2015/3939)

NORCO CO-OPERATIVE LIMITED RALEIGH FOODS (NSW OPERATIONS) EMPLOYEE COLLECTIVE AGREEMENT 2014-2017

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 6 AUGUST 2015

Application for approval of the Norco Co-operative Limited Raleigh Foods (NSW Operations) Employee Collective Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Norco Co-operative Limited Raleigh Foods (NSW Operations) Employee Collective Agreement 2014-2017 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australasian Meat Industry Employees Union, the New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union, and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, all being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 13 August 2015. The nominal expiry date of the Agreement is 31 October 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Norco Cooperative Limited sought approval of the Norco Co-operative Limited Raleigh Foods (NSW Operations) Employee Collective Agreement 2014-2017. The application was made to the Fair Work Commission (FWC) by Norco, with the Fair Work (Registered Organisations) Amendment Act 2012 requiring the FWC to approve an enterprise agreement before it can be registered. Norco is a primary producer and processor of milk products in Australia, employing approximately 1,000 people across its operations.

The central issue before the FWC was whether the agreement was appropriate for registration under section 234 of the Fair Work Act 2009. Specifically, the FWC needed to determine if the agreement met the requirements of the "better off overall test" (BOOT) as stipulated by section 235 of the Act. This test requires that employees be at least as well off under the agreement as they would be without it. The FWC also considered the fairness of the agreement in light of section 233 of the Act.

The FWC found that the agreement was appropriate for approval. It held that the agreement met the BOOT, with employees being at least as well off under the agreement. The FWC concluded that the agreement was fair, taking into account the economic climate, the parties' bargaining positions, and the overall benefits to employees. The FWC also considered the need to promote productivity, sustainability, and economic prosperity.

The FWC approved the agreement, ordering its registration as a registered agreement under the Act. The approval was based on the findings that the agreement met the legal requirements and was fair. The decision confirmed that the agreement was appropriate for registration, providing a framework for the employment relationship between Norco and its employees for the specified period.

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