Fonterra Australia Pty Ltd

[2019] FWCA 8561

[2019] FWCA 8561

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fonterra Australia Pty Ltd
(AG2019/4469)

FONTERRA - SPREYTON AND WYNYARD SITE (MAINTENANCE) ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 18 DECEMBER 2019

Application for approval of the Fonterra - Spreyton and Wynyard Site (Maintenance) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Fonterra - Spreyton and Wynyard Site (Maintenance) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fonterra Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 11.2 – Redundancy

•  Clause 22.9 – Annual Leave

•  Clause 25 – Jury Duty Leave

•  Clause 26 – Volunteer Leave

•  Clause 27 – Compassionate Leave

•  Clause 28 – Parental/ Paternity Leave

•  Clause 29 – Domestic Violence Leave

•  Clause 30.1 – Public Holidays

However, noting clause 6.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 December 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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