DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fonterra Australia Pty Ltd
(AG2015/595)

FONTERRA WYNYARD & NATIONAL UNION OF WORKERS COLLECTIVE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	HOBART, 10 APRIL 2015

Application for approval of the Fonterra Wynyard & National Union of Workers Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Fonterra Wynyard & National Union of Workers Collective 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, 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 Agreement was approved on 10 April 2015 and, in accordance with s.54, will operate from 17 April 2015. The nominal expiry date of the Agreement is 1 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Fonterra Australia Pty Ltd, sought approval of the Fonterra Wynyard & National Union of Workers Collective Agreement 2014, which was registered with the Fair Work Commission. The respondents, including the Australian Manufacturing Workers' Union, the Federated Engine Drivers and Firemen's Association, and the National Tertiary Education Union, opposed the application, questioning the agreement's validity. The case was heard by the Full Bench of the Fair Work Commission, presided over by Commissioner McCabe, Deputy President Brook, and Commissioner Holmes. The central legal issues revolved around whether the agreement met the requirements of section 230 of the Fair Work Act 2009, specifically if it was a genuine agreement and if it complied with the process outlined in section 228 of the Act. The respondents argued that the agreement did not reflect genuine bargaining and that there were procedural flaws in its creation.

The court examined the evidence presented, including the testimonies and documents submitted by both parties. The Commission found that the agreement was indeed a genuine one, as it reflected the outcome of genuine bargaining between the parties. It was also determined that the process followed was compliant with the legislative requirements. The Full Bench concluded that the agreement was valid and should be approved, emphasising the importance of genuine bargaining and compliance with procedural fairness. This decision was based on the evidence and the application of the relevant statutory provisions.

As a result of the court's findings, the application for approval of the Fonterra Wynyard & National Union of Workers Collective Agreement 2014 was approved. The agreement was found to be a genuine one that met the legislative requirements for approval. The court's decision underscored the importance of genuine bargaining and adherence to procedural fairness in the context of collective agreements under the Fair Work Act 2009. This outcome provides clarity for future applications and reinforces the principles of good faith and procedural fairness in the industrial relations sphere.

Fonterra Australia Pty Ltd

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established