Nestle Australia Limited T/A Uncle Toby’s

[2017] FWCA 5443

[2017] FWCA 5443

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nestle Australia Limited T/A Uncle Toby’s
(AG2017/4503)

NESTLE AUSTRALIA LTD (UNCLE TOBYS WAHGUNYAH) AUSTRALIAN MANUFACTURING WORKERS’ UNION COLLECTIVE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 20 OCTOBER 2017

Application for approval of the Nestle Australia Ltd (Uncle Tobys Wahgunyah) Australian Manufacturing Workers’ Union Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Nestle Australia Ltd (Uncle Tobys Wahgunyah) Australian Manufacturing Workers’ Union Collective 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 Uncle Tobys. 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 was approved on 20 October 2017 and, in accordance with s.54, will operate from 27 October 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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