Nestle Australia Ltd

Case

[2022] FWCA 1245

7 APRIL 2022


[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

Storage services

COMMISSIONER P RYAN

SYDNEY, 7 APRIL 2022

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

  1. 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

  1. 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

  1. 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

  1. 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.

  1. In accordance with s.201(2) of the Act, I note that the Agreement covers the UWU.

Approval

  1. 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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