Fonterra Australia Pty Ltd

[2013] FWCA 4506

[2013] FWCA 4506

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fonterra Australia Pty Ltd
(AG2013/792)

FONTERRA DENNINGTON & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2012

Food, beverages and tobacco manufacturing industry
COMMISSIONER JOHNS	MELBOURNE, 10 JULY 2013

Application for approval of the Fonterra Dennington & National Union of Workers Enterprise Agreement 2012.

[1] On 4 April 2013 Fonterra Australia Pty Ltd (Applicant) made an application for approval of the Fonterra Dennington & National Union of Workers Enterprise Agreement 2012 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth.) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Agreement does not cover all of the Applicant’s employees.

[4] In its Form F17 the Employer’s Declaration in Support of its Application for Approval the Applicant did not provide sufficient information to satisfy the Fair Work Commission (Commission) that the group of employees covered by the Agreement was fairly chosen.

[5] On 18 June 2013, Mr David Ritchie, a Human Resources Manager with the Applicant advised the Commission that:

“The employee group to be covered by the Fonterra Dennington & National Union of Workers Enterprise Agreement 2012 – 2015, are Production employees all working on the same geographic location in the regional city of Warrnambool Victoria – 50 Drummond St Dennington. The same group of employees has also been covered by previous agreements and continues to perform the same type of production work under the same terms and conditions.

Other Fonterra employees working at the same location are Maintenance Fitters and Electricians covered by their own agreement – Fonterra Australia Pty Ltd (Dennington) Maintenance Employees Agreement 2010, and Energy Service employees covered by their own agreement – Fonterra (Energy Services – Dennington) Enterprise Agreement 2010.”

[6] Given the explanation provided by Mr Ritchie, the Commission is satisfied that the group of employees covered by the Agreement was fairly chosen.

[7] The Commission is also 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.

[8] The National Union of Workers, 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), I note that the Agreement covers this organisation.

[9] The Agreement is approved. In accordance with s.54 of the Act the Agreement will operate from 17 July 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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