DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nestle Australia Limited T/A Nestle
(AG2019/1987)

NESTLE AUSTRALIA LIMITED VICTORIAN CONFECTIONERY AGREEMENT 2018-2021

Food, beverages and tobacco manufacturing industry
COMMISSIONER JOHNS	SYDNEY, 24 JUNE 2019

Application for approval of the Nestle Australia Limited Victorian Confectionery Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Nestle Australia Limited Victorian Confectionery Agreement 2018-2021 (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 Nestle. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 July 2019. The nominal expiry date of the Agreement is 24 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Nestle Australia Limited, trading as Nestle, applied to the Fair Work Commission for approval of the Victorian Confectionery Agreement 2018-2021. The applicant sought to have the agreement registered with the Fair Work Commission under the Fair Work Act 2009. The dispute involved whether the agreement complied with the requirements of the Act, specifically sections 229 and 230, which mandate that agreements provide for minimum pay rates, conditions, and other terms and conditions of employment.

The legal issues before the Commission included whether the proposed agreement provided for a fair and reasonable rate of pay for employees, adhered to the mandated minimum terms and conditions, and met the criteria for registration under the Act. The Commission examined whether the agreement provided adequate protections for employees and whether it complied with relevant provisions of the Act.

The Fair Work Commission found that the proposed agreement was fair and reasonable, and it complied with the statutory requirements of the Fair Work Act. The Commission determined that the agreement provided for a fair and reasonable rate of pay and included all necessary minimum terms and conditions. As a result, the application for approval was granted, and the agreement was registered.

The Fair Work Commission approved the Nestle Australia Limited Victorian Confectionery Agreement 2018-2021 and ordered its registration under the Fair Work Act 2009. The agreement is now legally binding on the parties involved and will govern the employment conditions of the employees covered by the agreement.

Nestle Australia Limited T/A Nestle

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established