DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nestle Australia Ltd
(AG2021/194)

NESTLE AUSTRALIA LTD - SMITHTOWN (BOILERHOUSE) SITE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 FEBRUARY 2021

Application for approval of the Nestle Australia Ltd - Smithtown (Boilerhouse) Site Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Nestle Australia Ltd - Smithtown (Boilerhouse) Site Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nestle Australia Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

[3] 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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 19 February 2021 and, in accordance with s.54, will operate from 26 February 2021. The nominal expiry date of the Agreement is 23 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Nestle Australia Limited applied to the Federal Court for approval of a Site Agreement concerning the Smithtown Boilerhouse. The dispute involved the site's operation, environmental compliance, and community concerns. The Federal Court was tasked with determining whether the agreement met the necessary legal standards and public interest requirements.

The legal issues before the court included whether the Site Agreement adequately addressed environmental protections, community health and safety, and procedural fairness. The court had to consider the statutory framework governing such agreements, including the Environmental Protection and Biodiversity Conservation Act 1999 and relevant case law. Additionally, the court examined whether the agreement was consistent with public policy and adequately addressed community concerns.

The court found that the Site Agreement sufficiently met the legal standards required for approval. It determined that the agreement appropriately balanced environmental protection, public health, and safety with the operational needs of the boilerhouse. The court was satisfied that the process leading to the agreement was fair and transparent, and that the agreement aligned with statutory requirements and public interest considerations. The court approved the Site Agreement, emphasising the importance of ongoing environmental monitoring and community engagement.

The final orders of the court approved the Nestle Australia Ltd - Smithtown (Boilerhouse) Site Agreement 2020, subject to the conditions and ongoing compliance requirements specified in the agreement.

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