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austlii:cth/FWCA/2025/4319
General information, not legal advice.
FWCA
2025-12-17
Original judgment source is linked above.
FONTERRA AND TRANSPORT WORKERS UNION (FARM MILK COLLECTION - VICTORIA) AGREEMENT 2025
Application for approval of the Fonterra and Transport Workers Union (Farm Milk Collection - Victoria) Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the Fonterra and Transport Workers Union (Farm Milk Collection - Victoria) Agreement 2025 (Agreement). The Application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Fonterra Australia Pty Ltd Trading As Fonterra Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.
[2] I am satisfied that each requirement of ss 186, 187 and 188 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).
[3] I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):
Personal/ Carer's leave - notification: Clause 7.9(b) states where it is not possible for an employee to contact their Manager prior to their normal commencement time, the employee shall contact the Manager as soon as possible during the actual day of absence. This appears to be inconsistent with the notice requirement in s 107(2)(a), which is "as soon as practicable".
Public holiday substitutions: Clause 7.16(f) states with agreement of the majority of employees, the employer may substitute another day for any public holiday. This appears to be inconsistent with s 115(3) of the FWA, which states public holiday substitution is a matter to be agreed on between an employer and individual employee.
[4] However, noting clause 1.5(b) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES:
[5] The Transport Workers' Union of Australia (TWU) 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) of the Act I note that the Agreement covers the organisation.
[6] The Agreement is approved, and in accordance with s.54, of the Act will operate from 24 December 2025. The nominal expiry date of the Agreement is 31 March 2028.
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