| [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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- AGLC
- Norco Cooperative Ltd T/A Norco [2024] FWCA 3075
- Case
- [2024] FWCA 3075
- Decision Date
CaseChat Overview and Summary
The legal issues before the court required interpretation and approval of the proposed enterprise agreement. The Commission had to determine whether the agreement complied with the requirements of the Fair Work Act 2009, including provisions related to the process for approving enterprise agreements, the need for genuine bargaining, and the protection of employees' rights. Additionally, the court considered whether the agreement met the standards of procedural fairness and whether it provided adequate protections and benefits for the employees.
In delivering its decision, the Commission thoroughly examined the bargaining process, the content of the proposed agreement, and the interests of both Norco and the drivers. The Commission found that the agreement had been genuinely bargained and contained provisions that were fair and reasonable, meeting the statutory requirements. The Commission approved the Norco Labrador Drivers Enterprise Agreement 2024-2027, effective from 1 July 2024. The final orders included the formal approval of the agreement, with the effective date and the obligation for both parties to adhere to the terms outlined within the agreement.
Orders
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Background
Background to the litigation
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Evidence
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Ratio Decidendi
Legal Principle Established
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