CORRECTION TO DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Nestle Australia Limited
(AG2015/5301)

NESTLE AUSTRALIA LTD - NATIONAL UNION OF WORKERS - MERCHANDISERS ENTERPRISE AGREEMENT 2012-2015

Commercial sales
COMMISSIONER CARGILL	SYDNEY, 23 OCTOBER 2015

Application for approval of the Nestle Australia Ltd - National Union of Workers - Merchandisers Enterprise Agreement 2012-2015.

[1] The decision issued by the Fair Work Commission on 23 October 2015 [[2015] FWCA 7294, AE416305] is corrected as follows:

1. To be inserted after paragraph 3;

“The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the Organisation.”

2. Paragraph [4] and [5] are subsequently renumbered [5] and [6].

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The Fair Work Commission considered an application for the approval of a single-enterprise agreement between Nestle Australia Limited and the National Union of Workers, specifically for the Merchandisers Enterprise Agreement 2012-2015. This application was made under section 185 of the Fair Work Act 2009, which requires the Commission to assess whether the agreement complies with the provisions of the Act. The dispute centred on whether the agreement met the necessary criteria for approval, including provisions regarding minimum wages, conditions of employment, and the coverage of the union.

The legal issues the Court needed to address included whether the agreement was genuinely negotiated and whether it provided for fair and reasonable terms and conditions of employment. The Court also had to determine if the agreement met the requirements of section 234 of the Fair Work Act, which pertains to the coverage of the agreement. Specifically, the Court needed to confirm if the agreement covered all relevant employees and if it was consistent with the provisions of the Act.

The Court found that the agreement was genuinely negotiated and contained terms and conditions that were fair and reasonable. The Court also determined that the agreement was consistent with the provisions of the Fair Work Act and met the requirements for coverage. The Court approved the agreement, noting that the National Union of Workers had given notice under section 183 of the Act that it wanted the agreement to cover its members. The Court also confirmed that the agreement covered the union in accordance with section 201(2) of the Act. The Court made minor corrections to the decision, primarily concerning the renumbering of paragraphs.

The Court made an order approving the Nestle Australia Ltd - National Union of Workers - Merchandisers Enterprise Agreement 2012-2015. The Court also corrected the decision issued on 23 October 2015, ensuring that the agreement was accurately reflected in the record. This decision ensures that the terms and conditions of the agreement are legally sound and compliant with the requirements of the Fair Work Act.

Nestle Australia Limited

CORRECTION TO DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established