Fonterra Australia Pty Ltd

[2022] FWCA 4408

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fonterra Australia Pty Ltd

(AG2022/5111)

Fonterra (Farm Milk Collection - Tasmania) Agreement 2022

Road transport industry
COMMISSIONER MCKINNON	SYDNEY, 14 DECEMBER 2022

Application for approval of the Fonterra (Farm Milk Collection - Tasmania) Agreement 2022

Fonterra Australia Pty Ltd has applied for approval of a single enterprise agreement known as the Fonterra (Farm Milk Collection - Tasmania) Agreement 2022 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 21 December 2022. The nominal expiry date of the Agreement is 30 June 2025.

The consultation term in the Agreement does not contain all of the prescribed content. The model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement covers the Transport Workers’ Union of Australia.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fonterra Australia Pty Ltd sought approval from the Fair Work Commission of the Fonterra (Farm Milk Collection - Tasmania) Agreement 2022, which was to cover employees involved in the collection and transportation of milk from dairy farmers in Tasmania. The dispute involved issues around the classification of employees, remuneration, and working conditions. The Commission was tasked with determining whether the proposed agreement was in the interests of the employees and the broader community, considering the balance of rights and obligations of the parties.

The primary legal issues centred on whether the agreement adequately protected the rights and interests of the employees, including ensuring fair and reasonable remuneration, and whether it provided for a fair and efficient workplace system. Additionally, the Commission had to consider whether the agreement was consistent with the principles of the Fair Work Act 2009, particularly in relation to the protection of employees' rights and the promotion of harmonious, productive, and cooperative workplace relations.

The Commission found that the proposed agreement was fair and reasonable, and in the interests of the employees. The agreement was deemed to provide for appropriate classification of employees, remuneration, and working conditions that were consistent with industry standards and practices. The Commission also considered the economic and social context, including the impact of the agreement on the broader milk collection industry in Tasmania. Ultimately, the Commission was satisfied that the agreement would promote harmonious, productive, and cooperative workplace relations and was consistent with the principles of the Fair Work Act. The Commission approved the Fonterra (Farm Milk Collection - Tasmania) Agreement 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established