Australian Consolidated Milk sues Fonterra over alleged farmer contract interference, sparking debate on dairy code reform.
Dairy War Erupts ACM Sues Fonterra Over Milk Contracts
Fonterra were criticised in June by farmer lobby groups for its initial opening price. Picture: Zoe Phillips

Allegations of Poaching Farmers with Higher Price Offers Spark Legal Battle.

Australian Consolidated Milk (ACM) has launched a significant legal challenge against dairy giant Fonterra in the Supreme Court of Victoria, alleging that its rival actively encouraged farmers to breach exclusive milk supply contracts. This dramatic move, rooted in claims of Fonterra offering higher farmgate prices to lure away suppliers, underscores intense competition within the Australian dairy industry and the critical importance of contract sanctity in agribusiness.

ACM management initiated injunction proceedings this month, accusing a Fonterra Australia employee of engaging directly with at least two farmers who were under existing agreements with the Kyabram-based ACM. Specifically, ACM alleges that in March 2024, a Fonterra employee approached a Victorian dairy farmer, urging them to break a contract that still had 12 months remaining, demonstrating an alleged disregard for established contractual obligations.

Further complicating the matter, ACM claims that the Fonterra employee conducted a comparative analysis of ACM’s contract versus Fonterra’s proposed offer. This action is particularly contentious as ACM’s farmer contracts contain confidentiality clauses explicitly stipulating that the milk price paid by ACM must remain secret, raising questions about alleged breaches of confidentiality alongside contract interference.

ACM Chief Executive Jason Limbrick confirmed the legal action, stating that “relationships with the farmers who choose to supply us their milk are at the core of our business” and that their priority is to protect these relationships. Limbrick added that ACM resorted to court action only after Fonterra “refused to provide undertakings that might have allayed ACM’s concerns,” indicating a breakdown in direct resolution attempts. Fonterra, however, denies the allegations, stating they “did not interfere or seek to interfere with any contracts as claimed.”

This high-profile dispute brings the broader issue of the federal government’s mandatory dairy code of conduct into sharper focus. Australian Dairy Farmers president Ben Bennett noted a “broader mood among primary producers for reform” to the code, citing concerns about pricing practices over recent seasons. This legal battle could ignite further debate on strengthening regulations to ensure fair play and transparency in milk procurement and dairy economics across Australia.

Source: The Weekly Times: ACM takes Fonterra to court over farmer milk contracts

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