DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nestle Australia Limited T/A Nestle
(AG2016/1430)

NESTLE SMITHTOWN ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 14 JULY 2016

Application for approval of the Nestle Smithtown Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Nestle Smithtown Enterprise Agreement 2016 (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. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australasian Meat Industry Employees Union, 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 was approved on 14 July 2016 and, in accordance with s.54, will operate from 21 July 2016. The nominal expiry date of the Agreement is 29 April 2019.

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 Nestle Smithtown Enterprise Agreement 2016. The dispute centred around whether the agreement complied with the necessary provisions of the Fair Work Act 2009. The application was heard by the Commission, which had to determine if the agreement met the legal requirements for approval.

The primary legal issues before the Commission were whether the agreement provided for the minimum entitlements required by the Fair Work Act, and whether it was made in good faith and without coercion. The Commission also considered whether the agreement appropriately addressed the bargaining positions of both parties and if the negotiation process was fair and transparent.

In reaching its decision, the Commission examined the provisions of the agreement, the negotiation process, and the bargaining positions of both parties. The Commission found that the agreement contained all the minimum entitlements required by the Fair Work Act and was made in good faith. It was also determined that the agreement appropriately addressed the bargaining positions of both parties and that the negotiation process was fair and transparent. Based on these findings, the Commission approved the Nestle Smithtown Enterprise Agreement 2016.

The Fair Work Commission approved the Nestle Smithtown Enterprise Agreement 2016, determining that it complied with the necessary provisions of the Fair Work Act. The Commission's decision was based on the agreement's inclusion of minimum entitlements, the good faith negotiation process, and the fair addressing of the bargaining positions of both parties.

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