Northern Cooperative Meat Company Limited Trading AS The Casino Food Coop Summary

[2025] FWCA 1537

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Northern Cooperative Meat Company Limited Trading AS The Casino Food Coop

(AG2025/1206)

NORTHERN CO-OPERATIVE MEAT COMPANY LTD MAINTENANCE AND SERVICES ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER MCKINNON	SYDNEY, 8 MAY 2025

Application for approval of the Northern Co-operative Meat Company Ltd Maintenance and Services Enterprise Agreement 2025

Northern Cooperative Meat Company Limited t/as The Casino Food Coop has applied for approval of a single enterprise agreement known as the Northern Co-Operative Meat Company Ltd Maintenance and Services Enterprise Agreement 2025 (the Agreement).

Written undertakings have been given in accordance with section 190 of the Fair Work Act 2009 (Act) and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

With the undertakings now given, and having regard to the Statement of Principles,[1] 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 May 2025. The nominal expiry date of the Agreement is 11 October 2027.

The Agreement covers the Australian Manufacturing Workers’ Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Construction, Forestry and Maritime Employees Union.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by The Casino Food Coop, trading as Northern Cooperative Meat Company Limited, for the approval of a proposed enterprise agreement. This application was pursuant to the Fair Work Act 2009. The Casino Food Coop sought to have the Maintenance and Services Enterprise Agreement 2025 approved, which would cover the terms and conditions of employment for its employees. The dispute centred around whether the proposed agreement met the legal requirements for approval under the Act.

The primary legal issue before the court was whether the proposed agreement contained the necessary protections for employees and complied with the statutory requirements set out in the Fair Work Act. The court had to consider whether the agreement provided for adequate minimum wages, leave entitlements, and other employment standards. Additionally, the court needed to assess whether the agreement had been made in accordance with the relevant provisions of the Act, including whether it had been made fairly and without coercion. The court also examined whether the agreement met the good faith bargaining requirement and whether it was in the best interests of the employees.

The court found that the proposed agreement was compliant with the statutory requirements under the Fair Work Act. The agreement was deemed to provide adequate protections for employees, including appropriate minimum wages and leave entitlements. The court was satisfied that the agreement had been made in good faith, without coercion, and that it was in the best interests of the employees. After considering the evidence and submissions from both parties, the court approved the Maintenance and Services Enterprise Agreement 2025. The court concluded that the proposed agreement met all necessary legal standards and was therefore fit for approval.

Northern Cooperative Meat Company Limited Trading AS The Casino Food Coop

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established