Nestle Australia Ltd

[2025] FWCA 2494

[2025] FWCA 2494

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Nestle Australia Ltd

(AG2025/2208)

NESTLÉ AUSTRALIA LIMITED VICTORIAN CONFECTIONERY AGREEMENT 2024-2027

Manufacturing and associated industries
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 30 JULY 2025

Application for approval of the Nestle Australia Limited Victorian Confectionery Agreement 2024-2027

1. An application has been made for the approval of an enterprise agreement known as the Nestle Australia Limited Victorian Confectionery Agreement 2024-2027 (the Agreement). The application as made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Nestle Australia Ltd. The Agreement is a single enterprise agreement.

1. The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.

1. The Agreement does not contain a flexibility term that meets the requirements of s.203 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement. A copy of the model flexibility term can be found in Attachment 6 of the Agreement.

1. The Agreement does not contain all of the requisite consultation terms, as required by s.205(1) of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement. A copy of the model consultation term can be found in Attachment 7 of the Agreement.

1. The Agreement does not contain a delegates’ rights term, as required by s. 205A(1) of the Act. Pursuant to s. 205A(2) of the Act, the workplace delegates’ rights term from the Award is taken to be a term of the Agreement. A copy of the workplace delegates’ rights term can be found in Attachment 8 of the Agreement.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

1. The Australian Manufacturing Workers Union (AMWU); the Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU); and the Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division (PPTEU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the AMWU, CEPU and the PPTEU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 August 2025. The nominal expiry date of the Agreement is 24 November 2027.

DEPUTY PRESIDENT

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