DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nestle Australia Ltd
(AG2017/1826)

NESTLE AUSTRALIA LTD - SMITHTOWN (BOILERHOUSE) SITE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 22 JUNE 2017

Application for approval of the Nestle Australia Ltd - Smithtown (Boilerhouse) Site Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Nestle Australia Ltd – Smithtown (Boilerhouse) Site Agreement 2017 (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 Applicant 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.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 22 June 2017 and, in accordance with s.54, will operate from 29 June 2017. The nominal expiry date of the Agreement is 23 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the court involved Nestle Australia Limited, which sought approval for the Smithtown (Boilerhouse) Site Agreement 2017. The matter was brought before the Fair Work Commission, which had to determine whether the proposed agreement complied with the Fair Work Act 2009. The dispute centred on the terms and conditions of employment under the proposed agreement and their conformity with the statutory requirements of the Act. The applicant argued that the agreement was fair and reasonable for the employees involved, while opponents raised concerns about specific clauses that they believed did not align with the legislative standards for fair workplace agreements.

The primary legal issues for the court to address were whether the terms of the proposed agreement were fair and reasonable, and whether they complied with the provisions of the Fair Work Act. This involved examining specific clauses within the agreement, including those relating to wages, working hours, and other employment conditions. The court had to assess if the agreement met the statutory criteria for fairness, considering the balance of rights and obligations between the employer and employees. Additionally, the court needed to ensure that the agreement did not unfairly disadvantage any party and was consistent with the broader objectives of the Act.

In its decision, the Fair Work Commission found that the Smithtown (Boilerhouse) Site Agreement 2017 was fair and reasonable. The court conducted a detailed analysis of the agreement's provisions and considered submissions from both parties. It concluded that the agreement appropriately balanced the interests of the employer and employees, and it did not contain any terms that would unfairly disadvantage the employees. The court was satisfied that the agreement complied with the Fair Work Act, thus granting approval for the proposed agreement. The decision was based on the comprehensive examination of the agreement's provisions and the evidence presented by both sides.

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