Fonterra Australia Pty Ltd T/A Fonterra Australia

[2020] FWCA 5164

[2020] FWCA 5164

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fonterra Australia Pty Ltd T/A Fonterra Australia
(AG2020/2712)

FONTERRA WYNYARD WAREHOUSE & UNITED WORKERS UNION COLLECTIVE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 25 SEPTEMBER 2020

Application for approval of the Fonterra Wynyard Warehouse & United Workers Union Collective Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Fonterra Wynyard Warehouse & United Workers Union Collective Agreement 2020 (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 T/A Fonterra Australia. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that clause 32(d) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4(c) 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.

[4] The United Workers’ Union (UWU) 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] The Agreement was approved on 25 September 2020 and, in accordance with s.54, will operate from 2 October 2020. The nominal expiry date of the Agreement is 1 June 2023.

COMMISSIONER

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