Nestlé Australia Ltd

[2014] FWCA 5304

[2014] FWCA 5304

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nestlé Australia Ltd
(AG2014/1608)

NESTLE AUSTRALIA LTD (UNCLE TOBYS WAHGUNYAH) AUSTRALIAN MANUFACTURING WORKERS’ UNION COLLECTIVE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 5 AUGUST 2014

Application for approval of the Nestle Australia Ltd (Uncle Tobys Wahgunyah) Australian Manufacturing Workers’ Union Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Nestle Australia Ltd (Uncle Tobys Wahgunyah) Australian Manufacturing Workers' Union Collective Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Nestlé Australia Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Nestlé Australia Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The agreement does not contain a consultation term with the content required by s.205(1) and (1A) of the Act. Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[5] 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) of the Act I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 August 2014 The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

ATTACHMENT A

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