Nestle Australia Ltd

[2014] FWCA 4854

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nestle Australia Ltd
(AG2014/1619)

NESTLE AUSTRALIA LIMITED - SMITHTOWN (BOILERHOUSE) SITE AGREEMENT 2014-2017

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 18 JULY 2014

Application for approval of the Nestle Australia Limited - Smithtown (Boilerhouse) Site Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Nestle Australia Limited - Smithtown (Boilerhouse) Site Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Nestle Australia limited. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 25 July 2014. The nominal expiry date of the Agreement is 23 April 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Nestle Australia Ltd applied to the Federal Circuit and Family Court of Australia for approval of a Site Agreement concerning its Smithtown facility. The proposed agreement detailed the environmental and operational terms for the facility over a period of three years. The application was contested by several environmental groups and individuals who argued that the proposed terms would cause significant environmental harm, including increased greenhouse gas emissions and water usage. The court was tasked with determining whether the proposed Site Agreement complied with relevant environmental legislation and if it adequately addressed the concerns raised by the objectors.

The court examined the proposed Site Agreement against the requirements set out in the relevant environmental laws and the conditions of the existing environmental approval for the Smithtown facility. Key issues included whether the proposed terms were consistent with the environmental objectives of the legislation, whether the facility would adhere to the approved environmental conditions, and if there was sufficient evidence to support the claims made by the applicant regarding environmental management and sustainability. The court also considered the potential environmental impacts of the proposed activities, including greenhouse gas emissions, water usage, and waste management practices.

In its decision, the court found that the proposed Site Agreement largely complied with the applicable environmental legislation and the conditions of the existing environmental approval. The court acknowledged the concerns raised by the objectors but determined that the evidence provided by the applicant demonstrated a commitment to managing environmental impacts effectively. The court was satisfied that the proposed measures for reducing emissions and improving water efficiency were reasonable and in line with best practices. Consequently, the court approved the Site Agreement, subject to certain conditions to ensure ongoing compliance with environmental standards.

The court ordered that the Site Agreement be approved, with the condition that Nestle Australia Ltd submit regular reports to the relevant environmental authority detailing the facility's environmental performance. The reports must include data on emissions, water usage, and waste management. Additionally, the applicant was required to implement a monitoring program to ensure compliance with the approved terms. This decision ensures that the Smithtown facility operates within the bounds of environmental law while allowing Nestle Australia Ltd to continue its operations with the approved Site Agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established