Application for variation of the Fonterra (Bayswater) Maintenance Enterprise Agreement (AMWU/ETU) 2025

[1] Fonterra Australia Pty Ltd (the Employer) has applied for variation of the Fonterra (Bayswater) Maintenance Enterprise Agreement (AMWU/ETU) 2025 [AE530568] (the Agreement) to correct an error. The application was made under section 218A of the Fair Work Act 2009 (the Act).

[2] Specifically, the Employer seeks that the 'parties bound' under clause 1.2 of the Agreement be amended to change the Employer's name from Fonterra Australia Pty Ltd to Fonterra Brands (Australia) Pty Ltd. The Employer submitted in its application that it seeks to correct this clause in order to ensure consistency with the prior agreement, the Fonterra & Bayswater Production Enterprise Agreement (UWU) 2022.

[3] On 28 October 2025, my Chambers emailed the parties noting that I was amendable to dealing with the Application on the papers on a consent basis if the parties signed a statement of agreed facts as to the proper name of the employer and as to the date from which an order to vary the Agreement should take effect.

[4] A statement of agreed facts was provided to the Commission on 7 November 2025 stating that, at all relevant times, the employer in relation to the Agreement was Fontera Brands (Australia) Pty Ltd (ACN 095 181 669) and that the parties agree that the date the variation should take effect is from 30 September 2025. The statement was signed by representatives of the Employer, the Australian Manufacturing Workers' Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

[5] I am satisfied that the correction to clause 1.2 of the Agreement should be made and that it is appropriate to do so pursuant to section 218A of the Act. The corrections to clause 2.1 are made in accordance with the corrected copy of Agreement, filed by the Employer on 13 November 2025.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

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