DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nestle Australia Limited
(AG2016/7884)

NESTLE AUSTRALIA LTD - NORTHERN DISTRIBUTION CENTRE (NUW) AGREEMENT 2016-2019

Storage services
COMMISSIONER GREGORY	MELBOURNE, 20 JANUARY 2017

Application for approval of the Nestle Australia Ltd - Northern Distribution Centre (NUW) Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Nestle Australia Ltd - Northern Distribution Centre (NUW) Agreement 2016-2019 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 January 2017. The nominal expiry date of the Agreement is 13 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Nestle Australia Limited sought approval for the Nestle Australia Ltd - Northern Distribution Centre (NUW) Agreement 2016-2019. This agreement was between the company and the Australian Manufacturing Workers’ Union (AMWU). The AMWU was the relevant union for the workers employed at the NUW distribution centre. The application was brought before the Fair Work Commission. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The primary criteria were whether the agreement provided for better terms and conditions for the employees than the relevant national system award and whether it facilitated the efficient and productive operation of the business.

The Commission considered whether the agreement provided for terms and conditions that were not less favourable than the relevant award. The Commission examined the terms of the agreement and compared them to the relevant award. The Commission found that the agreement provided for terms and conditions that were not less favourable than the relevant award. The Commission also considered whether the agreement facilitated the efficient and productive operation of the business. The Commission examined the terms of the agreement and considered the submissions of both parties. The Commission found that the agreement facilitated the efficient and productive operation of the business.

The Commission approved the Nestle Australia Ltd - Northern Distribution Centre (NUW) Agreement 2016-2019. The Commission found that the agreement met the criteria for approval under the Fair Work Act 2009. The Commission approved the agreement on the basis that it provided for terms and conditions that were not less favourable than the relevant award and facilitated the efficient and productive operation of the business. The agreement was approved and registered with the Fair Work Commission.

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