Nestle Australia Ltd

[2021] FWCA 1948

[2021] FWCA 1948

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nestle Australia Ltd
(AG2021/4333)

NESTLE PURINA PETCARE, BLAYNEY ENTERPRISE AGREEMENT 2021-2023

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 12 APRIL 2021

Application for approval of the Nestle Purina Petcare, Blayney Enterprise Agreement 2021-2023.

[1] An application has been made for approval of an enterprise agreement to be known as the Nestle Purina Petcare, Blayney Enterprise Agreement 2021-2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Nestle Australia Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 6 April 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Food, Beverage and Tobacco Manufacturing Award 2020 and Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] The following employee organisation (which was a bargaining representative for the Agreement), has given notice under s.183 of the Act that they want to be covered by the Agreement:

United Workers’ Union (UWU).

[4] In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[6] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A