DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nestle Australia Limited T/A Allen’s Confectionery
(AG2017/6478)

NESTLE (BROADFORD) - NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2017

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COMMISSIONER WILSON	MELBOURNE, 18 JANUARY 2018

Application for approval of the Nestle (Broadford) - National Union of Workers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Nestle (Broadford) - National Union of Workers Enterprise Agreement 2017 (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 T/A Allen’s Confectionery. 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2018. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Nestle Australia Limited, trading as Allen's Confectionery, and the National Union of Workers. The matter before the court was an application for the approval of the Nestle (Broadford) - National Union of Workers Enterprise Agreement 2017. The primary concern was whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The Fair Work Commission heard the application and needed to determine if the agreement was made in good faith and whether it complied with the relevant provisions of the Act.

The court examined several legal issues, including the procedural fairness in the negotiation of the agreement, its compliance with the requirements of the Fair Work Act, and whether the agreement was genuinely made between the parties. A critical issue was whether the union had genuinely represented its members in the negotiation process and if the agreement adequately reflected the interests of the employees. The court also considered whether the agreement included provisions that were contrary to public policy or not in the best interests of the employees.

In delivering its decision, the court found that the agreement was made in good faith and complied with the necessary statutory requirements. The court was satisfied that the union had genuinely represented its members and that the agreement reflected their interests. The court also concluded that the agreement did not include any provisions that were contrary to public policy or detrimental to the employees. Consequently, the court approved the enterprise agreement, finding it met all the necessary criteria under the Fair Work Act.

The final orders of the court were that the Nestle (Broadford) - National Union of Workers Enterprise Agreement 2017 be approved, and it would come into effect from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to take any necessary steps to implement the approved terms. This decision provided clarity and certainty for both the employer and the employees, ensuring that the agreement would operate effectively within the legal framework.

Nestle Australia Limited T/A Allen’s Confectionery

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established