Nestle Australia Ltd

[2017] FWCA 3367

[2017] FWCA 3367

FAIR WORK COMMISSION

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

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ANNEXURE A