DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nestle Australia Limited
(AG2019/4424)

NESTLE AUSTRALIA LTD - NORTHERN DISTRIBUTION CENTRE (NUW) AGREEMENT 2019-2022

Storage services
COMMISSIONER LEE	MELBOURNE, 18 DECEMBER 2019

Application for approval of the Nestle Australia Ltd - Northern Distribution Centre (NUW) Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Nestle Australia Ltd - Northern Distribution Centre (NUW) Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nestle Australia Limited. 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 United Worker’s Union 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 is approved and, in accordance with s.54 of the Act, will operate from 25 December 2019. The nominal expiry date of the Agreement is 13 May 2022.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Nestle Australia Limited for approval of the Nestle Australia Ltd - Northern Distribution Centre (NUW) Agreement 2019-2022. The application sought approval of an enterprise agreement under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the procedural and substantive requirements of the Act.

The primary legal issues before the Commission were whether the agreement was made in accordance with the procedural requirements set out in the Fair Work Act and whether the agreement contained terms that were not genuinely agreed upon by the parties. Specifically, the Commission needed to assess whether the agreement was made free from any improper influence or coercion and whether the terms were fair and reasonable in all respects.

In determining the application, the Commission examined the process by which the agreement was negotiated and whether it adhered to the requirements of genuine agreement. The Commission considered evidence related to the negotiation process, the participation of the employees' representatives, and the fairness of the terms proposed. The Commission concluded that the agreement was made in accordance with the procedural requirements of the Act and that it was genuinely agreed upon by the parties. The terms of the agreement were found to be fair and reasonable, taking into account the interests of both employers and employees.

As a result, the Fair Work Commission approved the Nestle Australia Ltd - Northern Distribution Centre (NUW) Agreement 2019-2022. The approved agreement will now serve as the enterprise agreement for the employees covered by it, effective from the date of approval.

Nestle Australia Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established