austlii:cth/FWCA/2025/3461
General information, not legal advice.
FWCA
2025-10-16
Original judgment source is linked above.
s.185 - Enterprise agreement
FONTERRA (FARM MILK COLLECTION - TASMANIA) AGREEMENT 2025
Application for approval of the Fonterra (Farm Milk Collection - Tasmania) Agreement 2025
[1] Fonterra Australia Pty Ltd T/A Fonterra (the Employer) has made an application for approval of a single-enterprise agreement known as the Fonterra (Farm Milk Collection - Tasmania) Agreement 2025 (the Agreement), pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).
[2] I note that clause 26.3(a) of the Agreement (Redundancy) may be inconsistent with the National Employment Standards (NES). However, clause 3.4 of the Agreement operates to provide that more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES. Consequently, I am satisfied that the terms of the Agreement do not contravene s 55 of the Act.
[3] I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.
[4] The Transport Workers' Union of Australia (TWU), being a bargaining representative for the Agreement, have given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), I note the Agreement covers the Transport Workers' Union of Australia (TWU).
[5] The Agreement is approved and, in accordance with s 54 of the Act, will operate seven days after approval.
Printed by authority of the Commonwealth Government Printer