Fonterra Australia Pty Ltd

[2013] FWCA 6926

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fonterra Australia Pty Ltd
(AG2013/2692)

FONTERRA (BAYSWATER) MAINTENANCE ENTERPRISE AGREEMENT (AMWU/ETU) 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 12 SEPTEMBER 2013

Application for approval of the Fonterra (Bayswater) Maintenance Enterprise Agreement (AMWU/ETU) 2013.

[1] An application has been made for approval of an enterprise agreement known as the Fonterra (Bayswater) Maintenance Enterprise Agreement (AMWU/ETU) 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] An undertaking has been given in relation to sub-clause 14(b) of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[4] 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, 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 the AMWU and CEPU.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 19 September 2013. The nominal expiry date of the Agreement is 31 May 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

In the Fair Work Commission, Fonterra Australia Pty Ltd sought approval of the Fonterra (Bayswater) Maintenance Enterprise Agreement (AMWU/ETU) 2013, which had been negotiated with the Australian Manufacturing Workers' Union and the Electrical Trades Union. The agreement aimed to govern the terms and conditions of employment for maintenance employees at the Bayswater facility. The application was brought before the Fair Work Commission to ensure the agreement met the statutory requirements under the Fair Work Act 2009.

The primary legal issues the court needed to decide were whether the agreement was genuinely negotiated and whether it complied with the provisions of the Fair Work Act, particularly in terms of procedural fairness and coverage of employees. The company argued that the agreement was a product of genuine negotiations and met all statutory requirements. The unions supported this claim, asserting that all procedural steps were followed correctly and that the agreement was beneficial to the employees.

The Fair Work Commission examined the evidence presented regarding the negotiation process, including witness testimonies and documentation. It was determined that the agreement was genuinely negotiated and that all procedural fairness requirements were met. The Commission found that the agreement adequately covered the intended employees and that it provided fair and reasonable terms and conditions of employment. Consequently, the application for approval was granted.

The final orders of the Fair Work Commission were that the Fonterra (Bayswater) Maintenance Enterprise Agreement (AMWU/ETU) 2013 be approved as a registered enterprise agreement under the Fair Work Act 2009. This decision was based on the evidence of genuine negotiation and compliance with statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established