Fonterra Australia Pty Ltd

[2013] FWCA 9824

[2013] FWCA 9824

The attached document replaces the document previously issued with the above code on 13 December 2013

An additional paragraph has been inserted at paragraph [2]. Due to this insertion, the subsequent paragraph numbers have also been amended.

Erin Bulluss

Associate to Commissioner Lee

Dated 13 December 2013

[2013] FWCA 9824

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fonterra Australia Pty Ltd
(AG2013/9825)

FONTERRA (FARM MILK COLLECTION - TASMANIA) AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 13 DECEMBER 2013

Application for approval of the Fonterra (Farm Milk Collection - Tasmania) Agreement 2013.

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

[2] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] The Applicant has provided written undertakings. A copy of the undertakings given is attached to this decision at 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.

[4] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[6] The Transport Workers’ Union of Australia, 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) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

<Price code G, AE405885  PR545709>