Nestle Australia Limited

[2017] FWCA 403

[2017] FWCA 403

FAIR WORK COMMISSION

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

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Annexure A