Fonterra Australia Pty Ltd T/A Fonterra Australia Summary

[2017] FWCA 6418

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Fonterra Australia Pty Ltd T/A Fonterra Australia

(AG2017/5295)

Fonterra Wynyard & National Union of Workers Collective Agreement 2017

Food, beverages and tobacco manufacturing industry
Commissioner Gregory	MELBOURNE, 4 DECEMBER 2017

Application for approval of the Fonterra Wynyard & National Union of Workers Collective Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Fonterra Wynyard & 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.

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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 December 2017. The nominal expiry date of the Agreement is 1 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fonterra Australia Pty Ltd, trading as Fonterra Australia, applied to the Fair Work Commission for approval of a collective agreement made with the National Union of Workers. The application centred around the terms of the collective agreement, which was intended to govern the employment conditions of certain employees within Fonterra Australia. The Fair Work Commission was tasked with ensuring that the agreement complied with the Fair Work Act 2009 and met the requirements for being a registered agreement.

The legal issues before the Commission included whether the agreement contained all the necessary terms as stipulated by the Fair Work Act, whether the agreement met the criteria for being a registered agreement, and whether the process by which the agreement was made complied with relevant provisions of the Act. A significant point of contention was whether the agreement appropriately balanced the interests of both parties and whether it adhered to the standards of procedural fairness. The Commission also needed to consider whether the agreement provided adequate protections for employees and whether it was free from any unlawful provisions.

The Commission found that the agreement contained all the necessary terms required by the Fair Work Act. It was determined that the agreement was made in good faith and met the criteria for being a registered agreement. The process by which the agreement was negotiated and formed was deemed to comply with the requirements of the Act. The Commission concluded that the agreement appropriately balanced the interests of both parties and provided adequate protections for employees. The Commission approved the collective agreement, finding that it was fair and met all legal requirements. The decision was made in the interest of ensuring that the agreement provided a framework for harmonious workplace relations and protected the rights of both employers and employees.

Fonterra Australia Pty Ltd T/A Fonterra Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established