Nestle Australia Limited Summary

[2014] FWCA 8028

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nestle Australia Limited
(AG2014/7599)

NESTLE AUSTRALIA LTD- (SMITHTOWN FACTORY) MAINTENANCE EMPLOYEES AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 14 NOVEMBER 2014

Application for approval of the Nestle Australia Ltd - (Smithtown Factory) Maintenance Employees Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Nestle Australia Ltd - (Smithtown Factory) Maintenance Employees Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Nestle Australia Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

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

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, both being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 21 November 2014. The nominal expiry date of the Agreement is 1 July 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Nestle Australia Limited, on behalf of its employees at the Smithtown Factory, applied for approval of the Maintenance Employees Agreement 2013. The dispute arose under the Fair Work Act 2009, and was heard in the Fair Work Commission. The key legal issues the court had to address were whether the agreement complied with the legislative requirements and whether it met the criteria for being an "enterprise agreement".

The Fair Work Commission examined the agreement to ensure it adhered to the provisions of the Fair Work Act. This included verifying that the agreement covered a single enterprise, contained terms related to employees' pay and conditions, and did not include terms that were prohibited by the Act. The Commission also assessed whether the agreement had been fairly negotiated and if it had been properly certified by the Australian Building and Construction Commission. The court concluded that the agreement met all necessary criteria and was properly certified. The agreement was therefore approved, allowing it to be registered and enforceable.

In its decision, the Fair Work Commission highlighted that the Maintenance Employees Agreement 2013 contained all the required terms and was negotiated in good faith. It also noted that the agreement was certified as meeting the standards set by the Fair Work Act. Consequently, the Commission approved the agreement for registration. The final orders included the registration of the agreement, making it a legally binding contract between Nestle Australia Limited and its employees at the Smithtown Factory.

Nestle Australia Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established