Fonterra Brands (Australia) Pty Ltd T/A Fonterra Brands

[2016] FWCA 5235

[2016] FWCA 5235

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fonterra Brands (Australia) Pty Ltd T/A Fonterra Brands
(AG2016/1502)

FONTERRA (BAYSWATER) MAINTENANCE ENTERPRISE AGREEMENT (AMWU/ETU) 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 2 AUGUST 2016

Application for approval of the Fonterra (Bayswater) Maintenance Enterprise Agreement (AMWU/ETU) 2016.

[1] An application has been made for approval of an enterprise agreement known as the Fonterra (Bayswater) Maintenance Enterprise Agreement (AMWU/ETU) 2016 (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 T/A Fonterra Brands. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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 these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 August 2016. The nominal expiry date of the Agreement is 31 May 2019.

COMMISSIONER

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Annexure A