Nestle Australia Ltd T/A Nestle

[2016] FWCA 4216

[2016] FWCA 4216

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nestle Australia Ltd T/A Nestle
(AG2016/1233)

NESTLE AUSTRALIA LIMITED – (NATIONAL FRAMEWORK) AGREEMENT 2015-2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 29 JUNE 2016

Application for approval of the Nestle Australia Limited - (National Framework) Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Nestle Australia Limited - (National Framework) Agreement 2015-2018 (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 T/A Nestle. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] It is noted that the Agreement’s consultation term does not comply with each of the requirements set out in s.205 of the Act. Taking into account clause 3.3 of the Agreement, the consultation term provided in the Food, Beverage and Tobacco Manufacturing Award 2010 and the Manufacturing and Associated Industries and Occupations Award 2010 will deem to apply. However, for completeness, I note that pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 these organisations.

[5] The Agreement was approved on 29 June 2016 and, in accordance with s.54, will operate from 6 July 2016. The nominal expiry date of the Agreement is 24 November 2018.

COMMISSIONER

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