DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Nestlé Australia Ltd
(AG2021/6300)

NESTLE (BROADFORD) – UNITED WORKERS UNION ENTERPRISE AGREEMENT 2021

Food, beverages and tobacco manufacturing industry
COMMISSIONER HUNT	BRISBANE, 13 AUGUST 2021

Application for approval of the Nestle (Broadford) - United Workers Union Enterprise Agreement 2021.

[1] Nestlé Australia Ltd (the Employer) has applied for approval of an enterprise agreement known as the Nestle (Broadford) – United Workers Union Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the United Workers’ Union (UWU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 August 2021. The nominal expiry date of the Agreement is 30 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

Nestlé Australia Ltd applied to the Fair Work Commission for approval of an enterprise agreement with the United Workers Union. The dispute centred on whether the proposed agreement complied with the relevant industrial legislation, particularly regarding employee entitlements and conditions. The Fair Work Commission was tasked with determining if the agreement met the necessary standards for approval.

The court examined whether the proposed agreement provided for minimum entitlements as required by the Fair Work Act 2009. It also assessed whether the agreement was made in good faith and if it provided for a fair and efficient workplace. The court considered the submissions from both parties and the broader implications for industrial relations.

The Fair Work Commission found that the proposed agreement did comply with the necessary legislative requirements. It was determined that the agreement provided for minimum entitlements, was made in good faith, and offered a fair and efficient workplace. Consequently, the court approved the enterprise agreement.

No further orders were made beyond the approval of the enterprise agreement. The decision confirmed that the agreement met all legislative requirements and was suitable for implementation in the workplace.

Nestlé Australia Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established