Fonterra Australia Pty Ltd T/A Fonterra Australia

[2018] FWCA 1081

[2018] FWCA 1081

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Fonterra Australia Pty Ltd T/A Fonterra Australia

(AG2017/4856)

Fonterra (Cobden, Darnum, Stanhope) & National Union of Workers Collective Agreement 2017

Food, beverages and tobacco manufacturing industry
Commissioner McKinnon	MELBOURNE, 20 FEBRUARY 2018

Application for approval of the Fonterra (Cobden, Darnum, Stanhope) & National Union of Workers Collective Agreement 2017.

1. An application has been made for approval of an enterprise agreement known as the Fonterra (Cobden, Darnum, Stanhope) & National Union of Workers Collective Agreement 2017 (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.

1. The Applicant 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.

1. 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.

1. 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.

1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. The Agreement lodged contained a number of cross-referencing errors throughout the Agreement and errors in the rostering tables at Annexure 1. On 18 February 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

1. The National Union of Workers 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2018. The nominal expiry date of the Agreement is 31 May 2020.

COMMISSIONER

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Appendix A