DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fonterra Australia Pty Ltd T/As Fonterra Australia
(AG2019/4323)

FONTERRA (MAINTENANCE SERVICES: COBDEN, STANHOPE AND DARNUM) ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 29 NOVEMBER 2019

Application for approval of the Fonterra (Maintenance Services: Cobden, Stanhope and Darnum) Enterprise Agreement 2019.

[1] Application has been made for approval of a single enterprise agreement known as the Fonterra (Maintenance Services: Cobden, Stanhope and Darnum) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Fonterra Australia Pty Ltd T/As Fonterra Australia.

[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.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers each organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 December 2019. The nominal expiry date of the Agreement is 30 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fonterra Australia Pty Ltd, trading as Fonterra Australia, applied to the Fair Work Commission for the approval of the Fonterra (Maintenance Services: Cobden, Stanhope and Darnum) Enterprise Agreement 2019. The dispute arose as the proposed agreement, which was negotiated between Fonterra Australia and the Australian Manufacturing Workers' Union, needed to be assessed under the Fair Work Act 2009 to ensure it met the criteria for being registered and enforceable. The key legal issues before the Commission were whether the agreement provided for the mandatory terms as per the Fair Work Act, including minimum rates of pay, penalty rates, leave entitlements, and if it was free from prohibited content, such as terms that could undermine the protection of employees. Additionally, the Commission had to consider if the agreement was made in good faith and if the necessary procedural requirements for its negotiation and execution were met.

The Commission examined the agreement clause by clause, ensuring it complied with the legislative requirements. It was noted that the agreement provided for the mandatory terms and did not include any prohibited content. The Commission also considered evidence regarding the negotiation process, finding that it was conducted in good faith and met the procedural requirements. As a result, the Commission was satisfied that the agreement was fair and appropriate for registration. Consequently, the Fair Work Commission approved the Fonterra (Maintenance Services: Cobden, Stanhope and Darnum) Enterprise Agreement 2019, making it legally binding and enforceable between the parties involved.

Fonterra Australia Pty Ltd T/As 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