Nestlé Australia Ltd

[2022] FWCA 4014

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Nestlé Australia Ltd

(AG2022/4574)

Nestle Australia Ltd - (Smithtown Factory) Maintenance Employees Agreement 2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER JOHNS	MELBOURNE, 16 NOVEMBER 2022

Application for approval of the Nestle Australia Ltd - (Smithtown Factory) Maintenance Employees Agreement 2022

An application has been made for approval of an enterprise agreement known as the Nestle Australia Ltd - (Smithtown Factory) Maintenance Employees Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nestlé Australia Ltd. The Agreement is a single enterprise agreement.

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 “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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 November 2022. The nominal expiry date of the Agreement is 1 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Nestlé Australia Ltd applied for approval of the Nestlé Australia Ltd - (Smithtown Factory) Maintenance Employees Agreement 2022. The agreement was intended to govern the terms and conditions of employment for maintenance employees at the Smithtown factory. The application came before the Fair Work Commission, which was required to determine whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission needed to ascertain whether the agreement was a "single interest employer agreement" and whether it had been made in good faith. Furthermore, the Commission had to consider whether the agreement provided fair and reasonable terms and conditions of employment for the employees it covered.

The Commission found that the agreement was a single interest employer agreement, as it was made between an employer and its employees at a single workplace. The Commission also found that the agreement had been made in good faith, as it was the result of genuine negotiations between the parties. The Commission was satisfied that the agreement provided fair and reasonable terms and conditions of employment for the employees it covered, as it included provisions for minimum rates of pay, leave entitlements, and other employment conditions that were consistent with industry standards.

As a result of these findings, the Commission approved the agreement, which will now govern the terms and conditions of employment for maintenance employees at the Smithtown factory. The Commission's decision provides certainty for both the employer and employees, and ensures that the agreement complies with the relevant provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established