Fonterra Australia Pty Ltd Summary

[2014] FWCA 7133

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fonterra Australia Pty Ltd
(AG2014/7696)

FONTERRA (COBDEN, COROROOKE, DARNUM, STANHOPE) & NATIONAL UNION OF WORKERS COLLECTIVE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
COMMISSIONER BLAIR	MELBOURNE, 9 OCTOBER 2014

2014 Application for approval of the Fonterra (Cobden, Cororooke, Darnum, Stanhope) & National Union of Workers Collective Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Fonterra (Cobden, Cororooke, Darnum, Stanhope) & National Union of Workers Collective Agreement 2014 (the Agreement), pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fonterra Australia Pty Ltd (the Applicant).

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

[3] The National Union of Workers, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 October 2014. The nominal expiry date of the Agreement is 31 May 2017.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fonterra Australia Pty Ltd was the applicant in a case before the Fair Work Commission, seeking approval of a collective agreement with the National Union of Workers. The agreement, if approved, would cover employees at Fonterra's locations in Cobden, Cororooke, Darnum, and Stanhope. The dispute centred around whether the proposed terms and conditions in the agreement met the requirements of the Fair Work Act 2009, specifically regarding the fairness and efficiency of the agreement's provisions.

The court had to determine if the agreement's terms and conditions were fair and efficient, in line with the objectives of the Act. This involved assessing whether the agreement provided for fair rates of pay, reasonable hours of work, and other matters relating to workplace relations, and if it facilitated a productive workplace relationship between the parties. The court also considered whether the agreement was free from any discriminatory provisions and whether it provided for appropriate dispute resolution mechanisms.

In its decision, the Fair Work Commission found that the agreement met the necessary criteria for approval. The Commission noted that the agreement contained fair and efficient terms, providing for reasonable pay and conditions, and that it facilitated a productive workplace relationship. The Commission also concluded that the agreement was free from any discriminatory provisions and provided for appropriate dispute resolution mechanisms. Consequently, the Commission approved the collective agreement.

The Fair Work Commission approved the Fonterra (Cobden, Cororooke, Darnum, Stanhope) & National Union of Workers Collective Agreement 2014, thereby allowing it to come into effect and govern the employment conditions for the relevant employees.

Fonterra Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established