Fonterra Australia Pty Ltd Summary

[2014] FWCA 3112

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fonterra Australia Pty Ltd

(AG2014/1003)

FONTERRA (MAINTENANCE SERVICES: COBDEN, COROROOKE,

STANHOPE AND DARNUM) UNION COLLECTIVE AGREEMENT

2013

Manufacturing and associated industries

COMMISSIONER RYAN

MELBOURNE, 9 MAY 2014

Application for approval of the Fonterra (Maintenance Services: Cobden, Cororooke,
Stanhope and Darnum) Union Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the

Fonterra (Maintenance Services: Cobden, Cororooke, Stanhope and Darnum) Union

Collective 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 Pty Ltd. The agreement
is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to

this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers those organisations.

[2014] FWCA 3112

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 16 May

2014. The nominal expiry date of the Agreement is 30 September 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission considered an application for the approval of an enterprise agreement between Fonterra Australia Pty Ltd and the Australian Manufacturing Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The agreement, titled "Fonterra (Maintenance Services: Cobden, Cororooke, Stanhope and Darnum) Union Collective Agreement 2013", was submitted for approval under section 185 of the Fair Work Act 2009. The agreement is a single-enterprise agreement intended to cover maintenance services at specified locations.

The court was required to determine whether the agreement met the necessary criteria for approval under sections 186, 187, and 188 of the Act. It had to verify that the agreement was genuinely negotiated, that it complied with the requirements for employee representation, and that it met the provisions regarding the content of the agreement. The court also needed to ensure that the agreement did not unfairly discriminate against any group of employees.

Upon review, Commissioner Ryan found that all relevant criteria for approval had been met. The agreement was genuinely negotiated, and it complied with the necessary requirements for employee representation. The agreement was also found to meet the provisions regarding its content and did not unfairly discriminate against any group of employees. Therefore, the Commissioner approved the agreement, which will operate from 16 May 2014 until 30 September 2016, as per section 54(1) of the Act.

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