DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Fonterra Australia Pty Ltd t/a Fonterra Australia
(AG2015/4871)

FONTERRA DENNINGTON & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 30 SEPTEMBER 2015

Application for approval of the Fonterra Dennington & National Union of Workers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Fonterra Dennington & National Union of Workers Enterprise Agreement 2015 (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] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Fonterra Australia Pty Ltd t/a Fonterra Australia. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 October 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Fonterra Australia Pty Ltd trading as Fonterra Australia, seeking approval for the Fonterra Dennington & National Union of Workers Enterprise Agreement 2015. The dispute centred on whether the proposed agreement met the necessary legal requirements for endorsement under the Fair Work Act 2009. The Commission was required to determine whether the agreement provided for fair and reasonable terms and conditions, including those related to wages, hours of work, and other employment conditions.

The legal issues before the Commission included whether the agreement appropriately balanced the interests of both the employer and the employees, and whether it adhered to the procedural fairness principles required by the Fair Work Act. Additionally, the Commission had to assess if the agreement complied with the ‘better off overall test’, which required that the proposed terms and conditions be no less favourable than the existing ones for the majority of employees. Furthermore, the Commission considered whether the agreement contained any terms that were contrary to public policy or that undermined the statutory protections provided by the Fair Work Act.

In reaching its decision, the Commission carefully examined the submissions and evidence presented by both parties. The Commission found that the proposed agreement did indeed meet the statutory requirements for approval. The agreement was deemed to provide fair and reasonable terms for the employees, balancing the interests of both parties. Moreover, the Commission was satisfied that the agreement passed the better off overall test and did not contain any terms that were contrary to public policy. Consequently, the Commission approved the Fonterra Dennington & National Union of Workers Enterprise Agreement 2015.

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