DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nestle Australia Limited T/A Nestle Australia
(AG2019/1872)

NESTLE AUSTRALIA LTD (ALTONA) & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2018

Storage services
COMMISSIONER JOHNS	MELBOURNE, 26 JUNE 2019

Application for approval of the Nestle Australia Ltd (Altona) & National Union Workers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Nestle Australia Ltd (Altona) & National Union Workers Enterprise Agreement 2018 (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 Australia. 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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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CaseChat Overview and Summary

The case involves an application by Nestle Australia Limited, trading as Nestle Australia, for the approval of the Nestle Australia Ltd (Altona) & National Union Workers Enterprise Agreement 2018. The dispute came before the Fair Work Commission. The primary issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the requirements for good faith bargaining and whether it contained terms that were consistent with the national workplace relations system.

The Commission found that the agreement was the product of good faith bargaining, as the parties had engaged in meaningful discussions and negotiations. The Commission also determined that the terms of the agreement were consistent with the national workplace relations system and did not undermine the operation of the safety net provided by the Fair Work Act. The Commission further found that the agreement provided for a fair and reasonable outcome for both the employees and the employer. Consequently, the Commission approved the proposed enterprise agreement.

As a result of the Commission's decision, the Nestle Australia Ltd (Altona) & National Union Workers Enterprise Agreement 2018 was approved and came into effect. The final orders included the approval of the agreement, with specific terms and conditions outlined in the agreement itself. The parties were directed to implement the agreement in accordance with the provisions of the Fair Work Act.

Nestle Australia Limited T/A Nestle Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established