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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Fonterra Australia, sought approval for the Fonterra Wynyard Warehouse & United Workers Union Collective Agreement 2020, which was to replace an existing agreement. The applicant submitted that the new agreement would result in improved productivity, efficiency and workplace culture. The applicant sought to have the new agreement approved under section 234 of the Fair Work Act 2009. The Fair Work Commission heard the matter, with the Union opposing the application.

The legal issues before the Commission were whether the new agreement was in the best interests of the employees and whether it should be approved. The Commission considered the arguments of both parties, including submissions on the impact of the new agreement on employees' working conditions, pay and benefits. The Commission also had to consider whether the agreement provided for appropriate dispute resolution mechanisms.

After considering the submissions and evidence presented, the Commission found that the new agreement would result in improved productivity and workplace culture, and that it was in the best interests of the employees. The Commission also found that the new agreement provided for appropriate dispute resolution mechanisms. The Commission approved the new agreement, finding that it met the requirements of section 234 of the Fair Work Act 2009. The Commission made orders approving the new agreement, which came into effect on the date of the decision.

No further orders were made.

Fonterra Australia Pty Ltd T/A Fonterra Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established