Nestle Australia Ltd

[2013] FWCA 5323

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nestle Australia Ltd
(AG2013/1921)

NESTLE SMITHTOWN ENTERPRISE AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 5 AUGUST 2013

Application for approval of the Nestle Smithtown Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Nestle Smithtown Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) 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 of the Act as is relevant to this application for approval has been met.

[3] The Australasian Meat Industry Employees' Union, Newcastle and Northern Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 August 2013. The nominal expiry date will be 29 April 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Nestle Australia Ltd, the Fair Work Commission was asked to approve the Nestle Smithtown Enterprise Agreement 2013. The application was brought by Nestle Australia Ltd, the employer, and the application was opposed by the Australian Manufacturing Workers' Union. The dispute centred on the terms of the proposed enterprise agreement, specifically those relating to wages, conditions, and dispute resolution mechanisms.

The legal issues before the Commission involved whether the agreement met the requirements under the Fair Work Act 2009, particularly whether the agreement provided for a fair and reasonable rate of pay, and if it facilitated a productive workplace by including appropriate dispute resolution processes. Additionally, the Commission had to determine if the agreement was made in good faith and without coercion, as required by the Act.

The Fair Work Commission found that the proposed agreement was fair and reasonable, meeting all statutory requirements. The Commission noted that the agreement provided for a rate of pay that was consistent with industry standards and offered clear and accessible dispute resolution processes. The Commission was satisfied that the agreement had been made in good faith, without any evidence of coercion or unfair labour practices. Therefore, the Commission approved the Nestle Smithtown Enterprise Agreement 2013, allowing it to come into effect as per the stipulated commencement date.

The Commission's decision was based on a thorough examination of the agreement's provisions and the submissions made by both parties. The final orders included the approval of the enterprise agreement, subject to the terms and conditions as outlined in the agreement itself. This decision ensures that the agreement will govern the employment relationship between the parties, providing a clear framework for wages, conditions, and dispute resolution.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established