Fonterra Australia Pty Limited

[2014] FWCA 3994

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fonterra Australia Pty Limited
(AG2014/1304)

FONTERRA (ENERGY SERVICES - DENNINGTON) ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 16 JUNE 2014

Application for approval of the Fonterra (Energy Services - Dennington) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Fonterra (Energy Services - Dennington) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Fonterra Australia Pty Limited. The agreement is a single-enterprise agreement.

[2] An undertaking has been given in relation to the consultation term of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[3] Subject to this undertaking, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Construction, Forestry, Mining and Energy Union (CFMEU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the CFMEU.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 23 June 2014. The nominal expiry date of the Agreement is 30 September 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Fonterra Australia Pty Limited recently faced an application for the approval of the Fonterra (Energy Services - Dennington) Enterprise Agreement 2013 before the Fair Work Commission. The applicant sought to have the agreement certified as a single-employer enterprise agreement that would apply to employees of the company. The dispute centred on the agreement's coverage and whether it met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement covered a "appropriate group of employees" as defined in the Fair Work Act, and if it was genuinely negotiated between the employer and the employees. Additionally, the court needed to determine if the agreement contained the necessary minimum terms and conditions, and if it complied with the procedural requirements for certification. The applicant argued that the agreement was fairly negotiated and met all the necessary criteria for approval.

In its decision, the Fair Work Commission found that the agreement did indeed cover an appropriate group of employees and was genuinely negotiated between the parties. The Commission also determined that the agreement contained the necessary minimum terms and conditions and was compliant with the procedural requirements for certification. Consequently, the Commission approved the Fonterra (Energy Services - Dennington) Enterprise Agreement 2013, making it a legally binding agreement between Fonterra Australia Pty Limited and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established