Nestle Australia Limited T/A Uncle Tobys

[2021] FWCA 5858

[2021] FWCA 5858

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nestle Australia Limited T/A Uncle Tobys
(AG2021/6990)

NESTLE AUSTRALIA LTD (UNCLE TOBYS WAHGUNYAH) & UNITED WORKERS’ UNION AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 SEPTEMBER 2021

Application for approval of the Nestle Australia Ltd (Uncle Tobys Wahgunyah) & United Workers’ Union Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Nestle Australia Ltd (Uncle Tobys Wahgunyah) & United Workers’ Union 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 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.

[3] The Notice of Employee Representational Rights was printed on company letterhead, including the employer’s logo and head office postal address, and was therefore not provided in the form prescribed by s.174(1A). However, I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[4] I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 11.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The United Workers’ 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 September 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

 1   [2019] FWCFB 318.

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