Norco Cooperative Ltd T/A Norco
[2024] FWCA 3075
•22 AUGUST 2024
| [2024] FWCA 3075 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Norco Cooperative Ltd T/A Norco
(AG2024/2962)
NORCO LABRADOR DRIVERS ENTERPRISE AGREEMENT 2024-2027
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT DOBSON | BRISBANE, 22 AUGUST 2024 |
Application for approval of the Norco Labrador Drivers Enterprise Agreement 2024-2027
An application has been made for approval of an enterprise agreement known as the Norco Labrador Drivers Enterprise Agreement 2024-2027 (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 Ltd T/A Norco (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. 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.
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 s.190(3) of the Act, I accept the undertakings.
Subject to the undertakings referred to above, having regard to the Statement of Principles,[1] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Noting the undertakings provided, and on the basis of the materials before the Commission, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Australian Workers Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 May 2027.
DEPUTY PRESIDENT
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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