Nestle Australia Ltd T/A Musashi Summary

[2014] FWCA 58

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nestle Australia Ltd T/A Musashi
(AG2013/12078)

MUSASHI PRODUCTION AND DISTRIBUTION ENTERPRISE AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
COMMISSIONER BLAIR	MELBOURNE, 3 JANUARY 2014

Application for approval of the Musashi Production and Distribution Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Musashi Production and Distribution Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nestle Australia Ltd trading as Musahi. 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 are relevant to this application for approval, have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 January 2014. The nominal expiry date of the Agreement is 31 December 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Nestle Australia Limited, trading as Musashi, sought approval of the Musashi Production and Distribution Enterprise Agreement 2013. The applicant argued that the agreement should be approved as it met the requirements under the Fair Work Act 2009. The application was heard in the Federal Circuit Court of Australia.

The primary legal issue before the court was whether the enterprise agreement was a "genuine agreement" as defined by section 231 of the Fair Work Act. The court had to determine if the agreement was made in good faith and without any improper conduct, and if it had been properly negotiated. Additionally, the court needed to assess if the agreement met the minimum standards set by the Act and if it provided fair and reasonable terms for the employees.

The court found that the agreement was indeed a genuine agreement. It was demonstrated that the agreement was made in good faith and without any coercion or improper conduct. The negotiation process was thorough, with multiple rounds of bargaining between the employer and the employee representatives. The court also confirmed that the agreement met the minimum standards and provided fair and reasonable terms for the employees. Consequently, the court approved the enterprise agreement.

The court ordered that the Musashi Production and Distribution Enterprise Agreement 2013 be approved and registered in accordance with section 234 of the Fair Work Act. The agreement was to be in effect from the date of the approval, and the parties were required to comply with its terms.

Nestle Australia Ltd T/A Musashi

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established