Fonterra Australia Pty Ltd

[2019] FWCA 5055

[2019] FWCA 5055

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fonterra Australia Pty Ltd
(AG2019/2207)

FONTERRA AND TRANSPORT WORKERS UNION (FARM MILK COLLECTION - VICTORIA) AGREEMENT 2019

Road transport industry
COMMISSIONER LEE	MELBOURNE, 24 JULY 2019

Application for approval of the Fonterra and Transport Workers Union (Farm Milk Collection -Victoria) Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Fonterra and Transport Workers Union (Farm Milk Collection -Victoria) 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] The Employer has provided written undertakings. A copy of the undertakings 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 undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings 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] 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.

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

•  Clause 18(a) – Annual Leave;

•  Clause 20(a) – Personal/ Carer’s Leave;

•  Clause 21 – Compassionate Leave;

•  Clause 34(b)(iv) – Paternity Leave;

•  Clause 35(a) – Notice of Termination by Company;

•  Clause 38 – Redundancy;

•  Clause 40 – Long Service Leave.

However, noting clause 5 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 March 2022. The nominal expiry date of the Agreement is 31 March 2022

COMMISSIONER

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Annexure A