Nestle Australia Limited Summary

[2014] FWCA 6709

FAIR WORK COMMISSION

DECISION

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

Nestle Australia Limited
(AG2014/7542)

NESTLE AUSTRALIA LTD (ALTONA) & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014

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COMMISSIONER ROE	MELBOURNE, 23 SEPTEMBER 2014

Application for approval of the Nestle Australia Ltd (Altona) & National Union of Workers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Nestle Australia Ltd (Altona) & National Union of Workers Enterprise Agreement 2014 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 September 2014. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

Nestle Australia Limited, an employer, applied to the Fair Work Commission for the approval of an enterprise agreement with the National Union of Workers. The agreement, known as the Nestle Australia Ltd (Altona) & National Union of Workers Enterprise Agreement 2014, aimed to regulate the terms and conditions of employment for certain employees at the company's Altona factory. The dispute centred on the fairness and compliance of the proposed agreement with the relevant legislative framework.

The legal issues before the court involved examining whether the agreement met the procedural requirements under the Fair Work Act 2009 and whether it complied with the substantive fairness test. The court needed to ensure that the agreement was genuinely negotiated, free from any coercion, and that it provided for fair and reasonable terms and conditions. Additionally, the court had to verify that the agreement adhered to the protected action provisions, particularly the no-disadvantage test, which required that the terms of the agreement did not disadvantage employees relative to their previous terms of employment.

The court determined that the agreement was appropriately negotiated and contained fair terms. It found that the negotiation process was transparent and free from any undue influence or coercion. The court also concluded that the agreement complied with the substantive fairness test and did not disadvantage employees. It was satisfied that the agreement met the requirements of the protected action provisions and was therefore eligible for approval. Consequently, the court approved the Nestle Australia Ltd (Altona) & National Union of Workers Enterprise Agreement 2014.

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