DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fonterra Australia Pty Ltd
(AG2016/4330)

FONTERRA AND TRANSPORT WORKERS UNION (FARM MILK COLLECTION - VICTORIA) AGREEMENT 2016

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 11 OCTOBER 2016

Application for approval of the Fonterra and Transport Workers Union (Farm Milk Collection - Victoria) Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Fonterra and Transport Workers Union (Farm Milk Collection - Victoria) Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fonterra Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, 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 organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 October 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Fonterra Australia Pty Ltd for the approval of the Fonterra and Transport Workers Union (Farm Milk Collection - Victoria) Agreement 2016. The agreement aimed to govern the terms and conditions of employment for workers involved in the collection of farm milk in Victoria. The Transport Workers Union, representing the employees, contested the application, arguing that the agreement did not adequately address certain employee entitlements and conditions.

The legal issues before the Commission involved whether the agreement provided for minimum terms and conditions that were no less favourable than those prescribed by the applicable award, and whether it met the criteria for being a lawful and fair agreement under the Fair Work Act 2009. Additionally, the Commission needed to determine whether the agreement complied with the procedural requirements for approval, including whether there was sufficient employee support for the agreement.

The Commission found that the agreement did provide for minimum terms and conditions that were no less favourable than those prescribed by the relevant award. It noted that the agreement included provisions for pay rates, penalty rates, leave entitlements, and other working conditions that were consistent with or improved upon the award. The Commission also considered the procedural fairness of the agreement, determining that the process for seeking employee approval was lawful and that there was sufficient support for the agreement among the employees. As a result, the Commission approved the agreement, finding it to be a lawful and fair agreement that met the requirements of the Fair Work Act.

The Commission's final orders included the approval of the Fonterra and Transport Workers Union (Farm Milk Collection - Victoria) Agreement 2016, effective from the date of the Commission's decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the relevant workers until superseded by a new agreement or award. The decision underscored the importance of ensuring that enterprise agreements provide fair and reasonable terms and conditions for employees while also meeting the statutory requirements for approval.

Fonterra Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established