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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fonterra Brands (Australia) Pty Ltd, trading as Fonterra Brands, made an application to the Fair Work Commission for approval of the Fonterra (Bayswater) Maintenance Enterprise Agreement (AMWU/ETU) 2016. The application was contested by a number of employees who raised concerns regarding the proposed enterprise agreement. The Commission, consisting of a delegate of the Full-Time President, considered the matter.

The primary legal issues before the Commission were whether the proposed enterprise agreement met the requirements of section 231 of the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions and whether it had been fairly and properly negotiated. The Commission also had to consider the public interest in the approval of the enterprise agreement.

In determining the application, the Commission examined the evidence presented by both parties and assessed whether the agreement met the legal criteria set out in the Fair Work Act. The Commission found that the proposed agreement was fair and reasonable, taking into account the specific circumstances of the employees and the parties' bargaining positions. The Commission concluded that the agreement had been fairly and properly negotiated and that its approval was in the public interest. As such, the Commission approved the Fonterra (Bayswater) Maintenance Enterprise Agreement (AMWU/ETU) 2016.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established