Norco Cooperative Limited Summary

[2022] FWCA 4096

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Norco Cooperative Limited

(AG2022/4469)

Norco Co-operative AgriSolutions Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT EASTON	SYDNEY, 22 NOVEMBER 2022

Application for approval of the Norco Co-operative AgriSolutions Enterprise Agreement 2022.

Norco Cooperative Limited (the Employer) has made an application for the approval of the Norco Co-operative AgriSolutions Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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.

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.

I note that the following clauses are potentially inconsistent with the National Employment Standards (NES):
- Clause 5.5 – Contract of Employment
- Clause 17.2 – Annual Leave
- Clause 20.4 – Personal/Carer’s Leave

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.

The Shop, Distributive and Allied Employees Association (SDA) was a bargaining representative for the Agreement and 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 SDA.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 November 2022. 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

The applicant, Norco Cooperative Limited, sought approval from the Fair Work Commission for the Norco Co-operative AgriSolutions Enterprise Agreement 2022. The dispute centred on whether the agreement complied with the necessary legal requirements and whether the prescribed process for its approval was followed. The Fair Work Commission was the judicial body responsible for making the determination.

The legal issues before the Court revolved around the procedural validity of the agreement and whether it met the criteria for approval as set out in the Fair Work Act 2009. Specifically, the Court had to examine whether the applicant followed the necessary steps in the consultation process, whether the agreement was in the best interests of the employees, and whether it adhered to the provisions of the Fair Work Act.

The Court found that the applicant had followed the required consultation process and that the agreement was in the best interests of the employees. The Court was satisfied that the applicant had acted in good faith and that the agreement met the statutory requirements. Consequently, the Court approved the Norco Co-operative AgriSolutions Enterprise Agreement 2022.

The Court ordered that the agreement be approved and registered in accordance with the Fair Work Act. The decision was made on the basis that the applicant had demonstrated compliance with the legislative requirements and that the agreement would serve the interests of both the employer and the employees.

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