DECISION

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

Nestle Australia Limited
(AG2015/396)

NESTLE PURINA PETCARE, BLAYNEY ENTERPRISE AGREEMENT 2015-2017

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 10 MARCH 2015

Application for approval of the Nestle Purina Petcare, Blayney Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Nestle Purina Petcare, Blayney Enterprise Agreement 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 17 March 2015. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Nestle Australia Limited sought approval of an enterprise agreement in the Fair Work Commission. The agreement, covering employees at the Nestle Purina Petcare facility in Blayney, was negotiated between the company and a trade union. The union argued that the agreement did not meet the statutory requirements for approval by the Commission. The company, on the other hand, asserted that the agreement was fairly negotiated and met all necessary conditions for approval.

The primary legal issue before the Commission was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. This involved examining whether the agreement was fairly negotiated, the processes followed in its negotiation, and whether it contained the minimum terms and conditions mandated by the Act. The Commission also needed to consider if the agreement was in the best interests of the employees involved.

The Fair Work Commission determined that the enterprise agreement was fairly negotiated and contained the necessary minimum terms and conditions. The Commission found that the negotiation process adhered to the statutory requirements and that the agreement was beneficial to the employees. Given these findings, the Commission approved the Nestle Purina Petcare, Blayney Enterprise Agreement 2015-2017. The union's concerns regarding the negotiation process and the contents of the agreement were not substantiated by the evidence presented.

The Fair Work Commission approved the Nestle Purina Petcare, Blayney Enterprise Agreement 2015-2017, dismissing the union's objections. This decision affirmed the agreement's validity and effectiveness, allowing it to proceed as intended.

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