Nestlé Australia Limited T/A Nestlé Australia

[2019] FWCA 2971

[2019] FWCA 2971

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nestlé Australia Limited T/A Nestlé Australia
(AG2018/6393)

NESTLE AUSTRALIA LTD - NATIONAL UNION OF WORKERS - MERCHANDISERS ENTERPRISE AGREEMENT 2018-2021

Commercial sales
COMMISSIONER MCKINNON	MELBOURNE, 2 MAY 2019

Application for approval of the Nestle Australia Ltd - National Union of Workers - Merchandisers Enterprise Agreement 2018-2021.

[1] Application has been made for approval of a single enterprise agreement known as the Nestle Australia Ltd - National Union of Workers - Merchandisers Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Nestlé Australia Limited T/A Nestlé Australia.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] With 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 May 2019. The nominal expiry date of the Agreement is 30 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE503194  PR707860>

Annexure A