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

Annexure A

CaseChat Overview and Summary

Nestle Australia Ltd applied for approval of the Nestle Purina Petcare, Blayney Enterprise Agreement 2021-2023 in the Fair Work Commission. The enterprise agreement sought to regulate the employment terms and conditions of the employees of Nestle Purina Petcare at the Blayney plant. The application was opposed by a group of employees represented by a union. The dispute centred on various provisions within the proposed agreement, including the classification of roles, pay rates, shift patterns, and the handling of redundancies and dismissals.

The central legal issues for the Commission were whether the proposed agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009, and whether it was made in good faith and on a proper basis. Additionally, the Commission considered whether the agreement met the "better off overall test," ensuring that employees were no worse off than under their previous conditions.

The Commission carefully examined the evidence presented by both parties and assessed the fairness and appropriateness of the agreement's terms. It found that the proposed agreement met the legislative requirements and was made in good faith. The Commission determined that the agreement was fair and reasonable, meeting the better off overall test. Consequently, the Commission approved the enterprise agreement, ensuring that the terms and conditions of employment for the employees at the Blayney plant were adequately regulated.

The Fair Work Commission approved the Nestle Purina Petcare, Blayney Enterprise Agreement 2021-2023, effective from the date of the decision. The approval meant that the terms and conditions set out in the agreement would govern the employment of the relevant employees, subject to any applicable laws and the rights and obligations of the parties.

Nestle 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