Fonterra Australia Pty Ltd Summary

[2022] FWCA 257

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fonterra Australia Pty Ltd

(AG2021/9247)

Fonterra (Cobden, Darnum, Stanhope) & United Workers Union Collective Agreement 2020

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 JANUARY 2022

Application for approval of the Fonterra (Cobden, Darnum, Stanhope) & United Workers Union Collective Agreement 2020

Fonterra Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Fonterra (Cobden, Darnum, Stanhope) & United Workers Union Collective Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The United Workers Union (UWU), 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) and based on its declaration, I note that the Agreement covers the UWU.

The Agreement was approved on 31 January 2022 and, in accordance with s 54, will operate from 7 February 2022. The nominal expiry date of the Agreement is 31 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, Fonterra Australia Pty Ltd sought approval of the Fonterra (Cobden, Darnum, Stanhope) & United Workers Union Collective Agreement 2020. The applicant, Fonterra Australia Pty Ltd, is an employer within the dairy manufacturing industry, and the United Workers Union represents employees within the company. The dispute centred around whether the proposed collective agreement met the statutory requirements for approval under the Fair Work Act 2009, particularly ensuring that it provided for genuine enterprise bargaining and did not contain any provisions that were contrary to public policy.

The primary legal issue before the court was whether the collective agreement complied with the legislative requirements. Specifically, the court had to determine if the agreement facilitated genuine enterprise bargaining, was free from prohibited content, and was in the public interest. This involved assessing the terms and conditions of employment, the process of agreement formation, and whether the agreement contained any provisions that contravened public policy.

The court found that the collective agreement complied with the statutory requirements for approval. The court noted that the agreement was the result of genuine enterprise bargaining, as evidenced by the negotiation process and the parties' engagement in good faith. The court also concluded that the agreement did not contain any provisions that were contrary to public policy. The court was satisfied that the agreement met all the necessary criteria for approval under the Fair Work Act 2009.

Consequently, the court approved the collective agreement. The decision confirmed that the agreement was valid and binding, and it would govern the employment conditions of the employees represented by the United Workers Union within Fonterra Australia Pty Ltd.

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