Nestle Australia Ltd

[2025] FWCA 1783

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Nestle Australia Ltd

(AG2025/1452)

NESTLE (BROADFORD) - UNITED WORKERS UNION ENTERPRISE AGREEMENT 2024

Food, beverages and tobacco manufacturing industry
COMMISSIONER PERICA	MELBOURNE, 27 MAY 2025

Application for approval of the Nestle (Broadford) - United Workers Union Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Nestle (Broadford) - United Workers Union Enterprise Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The United Workers Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 27 May 2025. It will operate from 3 June 2025 as required by section 54 of the Act. The nominal expiry date is 30 September 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Nestle Australia Ltd, sought approval of an enterprise agreement with the United Workers Union. The application was brought before the Fair Work Commission. The agreement in question was for the Nestle (Broadford) site, which involved workers who were members of the union. The nature of the dispute was whether the agreement met the requirements under the Fair Work Act 2009, particularly if it provided for the employees' terms and conditions of employment in a manner that was fair and reasonable.

The legal issues that the Commission had to address included whether the agreement met the requirements for registration under section 174 of the Act. Specifically, the Commission considered if the agreement provided for fair and reasonable terms and conditions, and if it complied with the procedural requirements, including whether it had been fairly negotiated and if it had been appropriately certified. Another aspect was whether the agreement included all the prescribed minimum terms and conditions as per section 177 of the Act.

In its decision, the Fair Work Commission found that the agreement did meet the statutory requirements. It concluded that the agreement was fairly negotiated, provided for fair and reasonable terms and conditions, and included all the prescribed minimum terms. The Commission noted that the agreement had been certified by an authorised bargaining representative and had been made in good faith. It also found that the agreement was consistent with the objectives of the Act, which include promoting high standards of employment and encouraging cooperative workplace relations. Based on these findings, the Commission approved the enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established