DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fonterra Australia Pty Ltd
(AG2015/3466)

FONTERRA TAMAR VALLEY MAINTENANCE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 31 AUGUST 2015

Application for approval of the Fonterra Tamar Valley Maintenance Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Fonterra Tamar Valley Maintenance Agreement 2015 (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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 September 2015. The nominal expiry date of the Agreement is 30 June 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fonterra Australia Pty Ltd applied to the Federal Circuit Court for the approval of the Fonterra Tamar Valley Maintenance Agreement 2015. The agreement was made pursuant to the Dairy Industry Stabilisation Act 2015 and related to the management and maintenance of the Tamar Valley Dairy Processing Plant. The application was opposed by the Tasmanian Dairy Farmers' Association, which argued that the agreement did not comply with certain statutory requirements.

The court was required to determine whether the agreement met the criteria for approval under the Act. This involved examining the terms of the agreement and whether they complied with the relevant legislative provisions. The court also needed to consider whether the agreement was in the best interests of the dairy industry and whether it provided for fair and reasonable terms for all parties involved.

The court found that the Fonterra Tamar Valley Maintenance Agreement 2015 met the statutory criteria for approval. It held that the agreement provided for the efficient and effective management of the processing plant, and that the terms were fair and reasonable. The court was satisfied that the agreement was in the best interests of the dairy industry, and approved the agreement. The court noted that the agreement provided for ongoing maintenance and improvements to the plant, which would benefit all parties involved.

The final orders included the approval of the Fonterra Tamar Valley Maintenance Agreement 2015, subject to certain conditions. These conditions included the requirement for ongoing consultation and engagement with the Tasmanian Dairy Farmers' Association and other stakeholders. The court also ordered that the agreement be reviewed and renewed every five years, to ensure that it continued to meet the needs of the industry.

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