Nestlé Australia Ltd

[2014] FWCA 5180

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nestlé Australia Ltd
(AG2014/1534)

NESTLE AUSTRALIA LTD (TONGALA PLANT) AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 31 JULY 2014

Application for approval of the Nestle Australia Ltd (Tongala Plant) and National Union of Workers Enterprise Agreement 2014.

[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 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 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) 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 7 August 2014. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Nestlé Australia Limited applied for the approval of their enterprise agreement with the National Union of Workers, known as the Nestlé Australia Ltd (Tongala Plant) and National Union of Workers Enterprise Agreement 2014. The Fair Work Commission was tasked with determining whether the agreement should be approved, focusing on whether it complied with the requirements of the Fair Work Act 2009.

The legal issues before the Commission involved whether the agreement met the criteria for approval under section 233 of the Fair Work Act, including whether the agreement provided for the pay and conditions of employees fairly, and whether it was appropriately certified by an independent certifier. The Commission also needed to consider whether the agreement was in the public interest, whether it complied with any relevant national employment standards, and if it adhered to the principles of enterprise bargaining as outlined in the Act.

The Fair Work Commission found that the agreement was fairly certified and contained all the necessary provisions for the pay and conditions of employees. The Commission determined that the agreement was not unfair to any party, met the requirements for public interest, and complied with all relevant national employment standards. The Commission concluded that the agreement was consistent with the principles of enterprise bargaining and was therefore appropriate for approval. The Commission approved the enterprise agreement, highlighting the importance of fair and transparent bargaining processes in achieving equitable outcomes for both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established