DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Fonterra Australia Pty Ltd
(AG2015/3468)

FONTERRA TAMAR VALLEY PRODUCTION AND WAREHOUSE AND AUSTRALIAN WORKERS UNION (AWU) AGREEMENT 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 7 AUGUST 2015

Application for approval of the Fonterra Tamar Valley Production and Warehouse and Australian Workers Union (AWU) Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Fonterra Tamar Valley Production and Warehouse and Australian Workers Union (AWU) 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 Australian Workers’ Union 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 on 7 August 2015 and, in accordance with s.54 of the Act, will operate from 14 August 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Fonterra Australia Pty Ltd, the Fair Work Commission was tasked with considering the application for approval of the Fonterra Tamar Valley Production and Warehouse and Australian Workers Union (AWU) Agreement 2015. The dispute centred on the terms of employment and workplace conditions that were proposed in the agreement between Fonterra Australia Pty Ltd, a major dairy processor, and the AWU, a significant trade union representing workers in the industry. The application for approval was brought by Fonterra Australia, seeking to formalise the agreement as a certified agreement under the Fair Work Act 2009. The AWU supported the application, while a number of employees contested certain provisions, raising concerns about their impact on workplace rights and conditions.

The legal issues before the Commission primarily revolved around whether the agreement met the statutory requirements for certification as a registered agreement, particularly in terms of whether it provided for fair and reasonable terms and conditions for the employees. The Commission needed to consider if the agreement adequately addressed matters such as minimum wages, penalty rates, hours of work, leave provisions, and other employment conditions. Additionally, the Commission had to assess whether the agreement was free from any provisions that would unduly undermine the employees' rights or place them at a disadvantage.

In deliberating on these issues, the Commission examined the detailed provisions of the agreement and heard submissions from both parties. The Commission found that the agreement comprehensively addressed the statutory requirements and provided fair and reasonable terms and conditions for the employees. It took into account the specific nature of the dairy industry and the bargaining positions of the parties. The Commission concluded that the agreement was balanced and met the necessary criteria for certification, thus approving it as a registered agreement. This decision ensures that the terms and conditions of employment for the workers in the Fonterra Tamar Valley production and warehouse are legally recognised and enforceable.

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