DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nestle Australia Limited T/A Uncle Toby's
(AG2021/5620)

NESTLE AUSTRALIA LTD (UNCLE TOBYS WAHGUNYAH) AUSTRALIAN MANUFACTURING WORKERS' UNION COLLECTIVE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER JOHNS	SYDNEY, 21 JUNE 2021

Application for approval of the Nestle Australia Ltd (Uncle Tobys Wahgunyah) Australian Manufacturing Workers' Union Collective Agreement 2020.

[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 2020 (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 Toby’s. 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) 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 28 June 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, Nestle Australia Limited, trading as Uncle Toby's, applied to the Fair Work Commission (FWC) for approval of the Nestle Australia Ltd (Uncle Tobys Wahgunyah) Australian Manufacturing Workers' Union Collective Agreement 2020. The dispute involved the terms and conditions of employment for workers at the Wahgunyah factory, with the union representing the employees. The Fair Work Commission was tasked with ensuring that the agreement met the statutory requirements under the Fair Work Act 2009.

The primary legal issues before the FWC were whether the agreement provided for a fair and reasonable terms of employment, and whether it complied with all relevant provisions of the Fair Work Act. The union argued that certain provisions in the agreement were unfair, while Nestle Australia contended that the agreement was fair and balanced. The FWC had to scrutinise the agreement to determine if it provided for fair and reasonable terms and conditions of employment, and if it complied with the requirements of the Act.

The FWC considered various aspects of the agreement, including wages, hours of work, leave entitlements, and other employment conditions. After evaluating the submissions from both parties, the FWC found that the agreement, while not perfect, provided for fair and reasonable terms of employment. The FWC determined that the agreement was in compliance with the relevant provisions of the Act and approved the agreement, finding that it met the statutory requirements for approval.

The final orders of the FWC were that the Nestle Australia Ltd (Uncle Tobys Wahgunyah) Australian Manufacturing Workers' Union Collective Agreement 2020 be approved as a registered agreement under section 173 of the Fair Work Act 2009. The agreement was to be registered from the date of the decision and would apply to the employees of Nestle Australia Limited at the Wahgunyah factory. The union's objections were largely dismissed, and the agreement was deemed to provide for fair and reasonable terms of employment.

Nestle Australia Limited T/A Uncle Toby's

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established