Fonterra Australia Pty Ltd

[2014] FWCA 5419

[2014] FWCA 5419

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fonterra Australia Pty Ltd
(AG2014/6943)

FONTERRA AUSTRALIA PTY LTD (DENNINGTON) MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 12 AUGUST 2014

Application for approval of the Fonterra Australia Pty Ltd (Dennington) Maintenance Employees Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Fonterra Australia Pty Ltd (Dennington) Maintenance Employees Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Fonterra Australia (the Applicant). The agreement is a single-enterprise agreement.

[2] Undertakings have been given in relation to clauses 9.8.2 and 14.5 of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] Pursuant to s.190(4) of the Act, I have sought the views of both the CEPU and AMWU with respect to these undertakings and both bargaining representatives have advised their support of the undertakings.

[4] Subject to these undertakings, 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.

[5] The consultation term of the enterprise agreement, clause 37, does not meet the requirements of s.205(1) and (1A) of the Act as amended as from 1 January 2014. Therefore in accordance with the requirement of s.205(2) of the Act the model consultation clause which is set out in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement and is appended at Appendix B.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have 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 CEPU and AMWU.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 August 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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APPENDIX A

APPENDIX B