Fonterra Australia Pty Ltd T/A Fonterra Australia Pty Ltd

[2023] FWCA 2537

[2023] FWCA 2537

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fonterra Australia Pty Ltd T/A Fonterra Australia Pty Ltd

(AG2023/2619)

FONTERRA (MAINTENANCE SERVICES: COBDEN, STANHOPE AND DARNUM) ENTERPRISE AGREEMENT 2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 14 AUGUST 2023

Application for approval of the Fonterra (Maintenance Services: Cobden, Stanhope and Darnum) Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Fonterra (Maintenance Services: Cobden, Stanhope and Darnum) Enterprise Agreement 2022 (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 Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 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.

1. The Australian Workers’ Union (AWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement.  In accordance with s 201(2) and based on the statutory declarations provided, I note that the Agreement covers these organisations.

1. The Agreement was approved on 14 August 2023, and in accordance with s 54, will operate from 21 August 2023. The nominal expiry date of the Agreement is 30 September 2025.

COMMISSIONER

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