Fonterra Brands (Australia) Pty Ltd

[2013] FWCA 4944

The attached document replaces the document previously issued with the above code on 22 July 2013.

A spelling error in the Agreement title has been corrected.

Associate to Commissioner Gregory.

Dated 28 August 2014.

[2013] FWCA 4944

FAIR WORK COMMISSION

DECISION

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

Fonterra Brands (Australia) Pty Ltd
(AG2013/6765)

FONTERRA (ECHUCA) AGREEMENT 2013 PART II

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 22 JULY 2013

Fonterra (Echuca) Agreement 2013 Part II.

[1] An application has been made for approval of an enterprise agreement known as the Fonterra (Echuca) Agreement 2013 Part II (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fonterra Brands (Australia) Pty Ltd. The agreement is a single-enterprise agreement.

[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 Communications, Electrical and Plumbing Union (CEPU) and Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), 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 the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2013. The nominal expiry date of the Agreement is 31 August 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Fonterra Brands (Australia) Pty Ltd, sought to determine the applicability of the Fonterra (Echuca) Agreement 2013 Part II to a particular class of its employees. The dispute centred on whether the employees, who were engaged in roles that involved both milk collection and processing, were covered by the terms of the agreement. The Fair Work Commission was tasked with interpreting the scope of the agreement and its application to the specific roles in question.

The primary legal issue was the interpretation of the terms within the Fonterra (Echuca) Agreement 2013 Part II to ascertain whether they extended to cover employees who performed both milk collection and processing duties. This required an analysis of the language used in the agreement, the roles of the employees, and the context in which the agreement was made. Additionally, the Commission needed to consider whether the roles performed by the employees fell within the scope of the agreement's coverage.

In determining the matter, the Commission examined the language of the agreement and the nature of the employees' roles. It found that the agreement's terms were sufficiently broad to encompass employees engaged in both milk collection and processing activities. The Commission noted that the agreement's objective was to cover all employees involved in the milk supply chain, which inherently included those with dual roles. Consequently, the Commission ruled that the Fonterra (Echuca) Agreement 2013 Part II applied to the employees in question.

The Fair Work Commission concluded that the Fonterra (Echuca) Agreement 2013 Part II was applicable to the employees who performed both milk collection and processing duties. This decision was based on the broad interpretation of the agreement's terms and the nature of the roles in question. The Commission's ruling ensured that the employees were covered by the agreement, providing them with the protections and entitlements outlined therein.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established