DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nestle Australia Limited T/A Uncle Tobys
(AG2017/4648)

NESTLE AUSTRALIA LTD (UNCLE TOBYS WAHGUNYAH) & NATIONAL UNION OF WORKERS AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 NOVEMBER 2017

Application for approval of the Nestle Australia Ltd (Uncle Tobys Wahgunyah) & National Union of Workers Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Nestle Australia Ltd (Uncle Tobys Wahgunyah) & National Union of Workers 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] The Applicant has provided written undertakings. 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] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.205(2) of the Act, the model consultation 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 1 November 2017 and, in accordance with s.54, will operate from 8 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Nestle Australia Limited, trading as Uncle Tobys, applied for approval of an agreement with the National Union of Workers. The application was heard in the Fair Work Commission. The agreement sought to establish terms and conditions for employees within the Wahgunyah facility.

The legal issues before the Commission centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions for the employees and complied with relevant provisions of the Act. The Commission also had to consider the union's representation of the employees and whether the agreement had been made in good faith.

In delivering its decision, the Commission noted that the agreement had been negotiated between parties with genuine bargaining power and was not made under duress. The Commission found that the terms of the agreement were fair and reasonable, taking into account the nature of the work, the industry standards, and the parties' submissions. The Commission concluded that the agreement met the statutory requirements for approval and accepted the application for registration. The agreement was thus approved, ensuring that the terms and conditions for employees at the Wahgunyah facility were legally recognised and enforceable.

Nestle Australia Limited T/A Uncle Tobys

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established