DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fonterra Australia Pty Ltd
(AG2015/2588)

FONTERRA SPREYTON AND WYNYARD ENTERPRISE AGREEMENT 2014

Tasmania
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 MAY 2015

Application for approval of the Fonterra Spreyton and Wynyard Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Fonterra Spreyton and Wynyard Enterprise Agreement 2014 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7]
The Agreement was approved on 25 May 2015 and, in accordance with s.54, will operate from 1 June 2015. The nominal expiry date of the Agreement is 1 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Fonterra Australia Pty Ltd sought approval for the Fonterra Spreyton and Wynyard Enterprise Agreement 2014 from the Fair Work Commission. The dispute centred around whether the agreement complied with the necessary provisions of the Fair Work Act 2009 and whether it met the standard of a "better off overall or in the round" for the employees. The application for approval was contested by the Australian Manufacturing Workers' Union, which argued that the proposed agreement did not adequately protect the employees' interests.

The primary legal issue before the Commission was whether the enterprise agreement met the requirements under section 230 of the Fair Work Act 2009. This included verifying that the agreement was free from any prohibited content, that it had been negotiated in good faith, and that it provided for a "better off overall or in the round" outcome for the employees. The Commission also had to consider whether the agreement complied with the prescribed minimum terms and conditions set out in the Fair Work Act.

In reaching its decision, the Commission examined the terms of the proposed agreement in detail. It found that the agreement did not contain any prohibited content and was negotiated in good faith. Furthermore, the Commission determined that the agreement provided for a "better off overall or in the round" outcome for the employees, taking into account factors such as wage increases, improved working conditions, and enhanced leave entitlements. The Commission concluded that the agreement met the necessary legal standards and approved it under section 176 of the Fair Work Act.

The Commission's final order was that the Fonterra Spreyton and Wynyard Enterprise Agreement 2014 be approved, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions of the employees covered by the agreement. The Commission's decision was based on its finding that the agreement met all the necessary legal requirements and provided a fair outcome for the employees.

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