Nestle Australia Ltd

[2022] FWCA 1245

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Nestle Australia Ltd

(AG2022/921)

Nestle australia ltd (altona) & united workers union Enterprise Agreement 2021

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COMMISSIONER P RYAN	SYDNEY, 7 APRIL 2022

Application for approval of the Nestle Australia Ltd (Altona) & United Workers Union Enterprise Agreement 2021

Nestle Australia Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Nestle Australia Ltd (Altona) & United Workers Union Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, 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.

Section 183 Bargaining representative

The United Workers Union (UWU) 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) of the Act, I note that the Agreement covers the UWU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 April 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

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CaseChat Overview and Summary

Nestle Australia Ltd applied for approval of the 2021 Enterprise Agreement with the United Workers Union, which was to cover employees at its Altona factory. The application was made to the Fair Work Commission, which has jurisdiction to approve, reject or make orders in relation to enterprise agreements under the Fair Work Act 2009. The main issues before the Commission were whether the agreement met the formal requirements of the Act, whether it was made in good faith and whether it provided for minimum entitlements.

The Commission noted that the agreement had been made after extensive negotiations, with good faith on the part of both parties. The agreement contained provisions for minimum entitlements, including minimum wages, penalty rates, leave entitlements, and other terms and conditions of employment. The Commission was satisfied that the agreement met all the formal requirements of the Act and was made in good faith. The Commission also considered that the agreement provided for all the minimum entitlements required by the Act. The Commission approved the agreement, with the approval to take effect from the date of the Commission's decision.

CaseChat Overview and Summary

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