Norco Cooperative Limited T/A Norco

[2023] FWCA 161

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Norco Cooperative Limited T/A Norco

(AG2022/5289)

NORCO LISMORE FOODS (NSW OPERATIONS) EMPLOYEE COLLECTIVE AGREEMENT 2022-2025

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 18 JANUARY 2023

Application for approval of the Norco Lismore Foods (NSW Operations) Employee Collective Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the Norco Lismore Foods (NSW Operations) Employee Collective Agreement 2022-2025 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and the Australasian Meat Industry Employees Union each being a bargaining representative for the Agreement, have each given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers each organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 25 January 2023. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Norco Cooperative Limited, trading as Norco, applied to the Fair Work Commission for the approval of the Norco Lismore Foods (NSW Operations) Employee Collective Agreement 2022-2025. The applicant and the respondent, the Retail and Fast Food Workers Union of Australia, disagreed on the terms of the proposed agreement. The dispute was heard by the Commission.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of section 232 of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for a fair and reasonable balance of employees’ and employers’ interests and if it complied with the relevant provisions of the Act.

The Fair Work Commission found that the proposed agreement was fair and reasonable, taking into account the interests of both employees and the employer. The Commission noted that the agreement provided for a balanced distribution of benefits and obligations, with adequate consideration given to the financial constraints of the employer. The Commission was satisfied that the agreement complied with the relevant provisions of the Act and approved the Norco Lismore Foods (NSW Operations) Employee Collective Agreement 2022-2025. The Commission made an order approving the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established