Fonterra Australia Pty Ltd

[2019] FWCA 8457

[2019] FWCA 8457

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fonterra Australia Pty Ltd
(AG2019/4381)

FONTERRA (FARM MILK COLLECTION - TASMANIA) AGREEMENT 2019

Road transport industry
COMMISSIONER MCKINNON	MELBOURNE, 13 DECEMBER 2019

Application for approval of the Fonterra (Farm Milk Collection - Tasmania) Agreement 2019.

[1] Application has been made for approval of a single enterprise agreement known as the Fonterra (Farm Milk Collection - Tasmania) Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Fonterra Australia Pty Ltd.

[2] A written undertaking has been given in accordance with s.190 of the Act. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

[3] With the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Transport Workers’ Union of Australia 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 the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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Annexure A