Fonterra Australia Pty Ltd T/A Fonterra

Case

[2025] FWCA 3461

16 OCTOBER 2025


[2025] FWCA 3461

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fonterra Australia Pty Ltd T/A Fonterra

(AG2025/3192)

FONTERRA (FARM MILK COLLECTION – TASMANIA) AGREEMENT 2025

Food, beverages and tobacco manufacturing industry

DEPUTY PRESIDENT FAROUQUE

MELBOURNE, 16 OCTOBER 2025

Application for approval of the Fonterra (Farm Milk Collection – Tasmania) Agreement 2025

Introduction  

  1. Fonterra Australia Pty Ltd T/A Fonterra (the Employer) has made an application for approval of a single-enterprise agreement known as the Fonterra (Farm Milk Collection – Tasmania) Agreement 2025 (the Agreement), pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).    

National Employment Standards (NES) Issues  

  1. I note that clause 26.3(a) of the Agreement (Redundancy) may be inconsistent with the National Employment Standards (NES). However, clause 3.4 of the Agreement operates to provide that more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES. Consequently, I am satisfied that the terms of the Agreement do not contravene s 55 of the Act. 

Section 186, 187 and 188

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

Section 183 Bargaining Representatives

  1. The Transport Workers’ Union of Australia (TWU), being a bargaining representative for the Agreement, have given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), I note the Agreement covers the Transport Workers’ Union of Australia (TWU).

Approval  

  1. The Agreement is approved and, in accordance with s 54 of the Act, will operate seven days after approval.   

DEPUTY PRESIDENT

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