DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fonterra Brands (Australia) Pty Ltd
(AG2016/785)

FONTERRA WAGGA WAGGA – NATIONAL UNION OF WORKERS AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 13 MAY 2016

Application for approval of the Fonterra Wagga Wagga - National Union of Workers Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Fonterra Wagga Wagga - National Union of Workers Agreement 2015 (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 National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 13 May 2016 and, in accordance with s.54, will operate from 20 May 2016. The nominal expiry date of the Agreement is 14 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the case of Fonterra Brands (Australia) Pty Ltd, the National Union of Workers sought approval of an agreement made between the parties and the Fair Work Commission. The primary dispute centred around the terms and conditions of employment outlined in the agreement, specifically those related to wage rates, working conditions, and other employment-related matters. The case was heard in the Fair Work Commission of Australia, which is the primary body responsible for resolving workplace disputes and overseeing the implementation of workplace laws.

The legal issues that the Fair Work Commission had to address included whether the agreement met the requirements of the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions of employment. The Commission needed to determine if the agreement was made in good faith, if it adequately protected the interests of the employees, and if it complied with the statutory provisions of the Act. Another issue was whether the agreement was in the best interests of the employees, considering the balance of rights and obligations it established between the employer and the employees.

The Fair Work Commission concluded that the agreement in question was made in good faith and provided for fair and reasonable terms and conditions of employment. The Commission found that the agreement adequately protected the interests of the employees and complied with the statutory provisions of the Fair Work Act 2009. The Commission also determined that the agreement was in the best interests of the employees, considering the balance of rights and obligations it established between the employer and the employees. Consequently, the Fair Work Commission approved the Fonterra Wagga Wagga - National Union of Workers Agreement 2015, subject to certain conditions and provisions outlined in the decision.

The Fair Work Commission issued its decision approving the Fonterra Wagga Wagga - National Union of Workers Agreement 2015, subject to specific conditions and provisions. The Commission mandated that the agreement would be registered and enforceable as a registered agreement under the Fair Work Act 2009. The agreement was to be in effect for a period of four years, with the possibility of earlier termination under certain circumstances. The Commission also directed that the agreement would be subject to review and variation by the Fair Work Commission in accordance with the provisions of the Act. Furthermore, the Commission made specific orders regarding the enforcement of the agreement, the rights and obligations of the parties, and the procedures for resolving any disputes that may arise in the future.

Fonterra Brands (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Reasons for decision

Legal Principle Established