Nestle Australia Ltd

[2017] FWCA 2773

[2017] FWCA 2773

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nestle Australia Ltd
(AG2017/1579)

NESTLE AUSTRALIA LTD (TONGALA PLANT) AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2017 - 2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 22 MAY 2017

Application for approval of the Nestle Australia Ltd (Tongala Plant) and National Union of Workers Enterprise Agreement 2017 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Nestle Australia Ltd (Tongala Plant) and National Union of Workers Enterprise Agreement 2017 - 2019 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The National Union of Workers 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 22 May 2017 and, in accordance with s.54, will operate from 29 May 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

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