Norco Cooperative Limited T/A Norco

[2024] FWCA 1801

[2024] FWCA 1801

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Norco Cooperative Limited T/A Norco

(AG2024/394)

NORCO CO-OPERATIVE LIMITED RALEIGH FOODS (NSW OPERATIONS) EMPLOYEE COLLECTIVE AGREEMENT 2023 – 2026

Manufacturing and associated industries
DEPUTY PRESIDENT EASTON	SYDNEY, 16 MAY 2024

Application for approval of the Norco Co-operative Limited Raleigh Foods (NSW Operations) Employee Collective Agreement 2023 – 2026.

1. Norco Cooperative Limited T/A Norco (the Employer) has made an application for the approval of the Norco Co-operative Limited Raleigh Foods (NSW Operations) Employee Collective Agreement 2023 – 2026 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. 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.

1. 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.

1. I note that the following clauses are potentially inconsistent with the National Employment Standards (NES):

   • Clause 17.7 – Industry Conditions
   • Clause 35.5: Table 7 – Redundancy
   • Clause 35.7: Table 9 – Redundancy
   • Clause 35.10 – Redundancy

1. 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.

1. The Australasian Meat Industry Employees Union (AMIEU), Australian Municipal, Administrative, Clerical and Services Union (ASU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) were bargaining representatives for the Agreement and 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 AMIEU, ASU, CEPU and AMWU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 May 2024. The nominal expiry date of the Agreement is 31 October 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A