Nestle Australia Ltd T/A Nestle Australia Ltd

[2013] FWCA 6092

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nestle Australia Ltd T/A Nestle Australia Ltd
(AG2013/2432)

NESTLE AUSTRALIA LTD - NORTHERN DISTRIBUTION CENTRE (NUW) AGREEMENT 2013-2016

Storage services
COMMISSIONER ROE	MELBOURNE, 27 AUGUST 2013

Application for approval of the Nestle Australia Ltd - Northern Distribution Centre (NUW) Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Nestle Australia Ltd - Northern Distribution Centre (NUW) Agreement 2013-2016 (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 Australia Ltd. The agreement is a single-enterprise agreement.

[2] I note the typographical error in clause “2 - Title” where the title has 2010-2013. I have accepted that it should read the Nestle Australia Ltd - Northern Distribution Centre (NUW) Agreement 2013-2016.

[3] 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.

[4] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 September 2013. The nominal expiry date of the Agreement is 13 May 2016.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Nestle Australia Ltd trading as Nestle Australia Ltd, applied for the approval of the Nestle Australia Ltd - Northern Distribution Centre (NUW) Agreement 2013-2016. The application was heard by the Fair Work Commission, which was required to determine whether the proposed agreement met the requirements of the Fair Work Act 2009. The dispute centred on whether the agreement provided for the proper regulation of workplace conditions and if it adhered to the principles of the national workplace relations system.

The legal issues that the Commission had to address included whether the agreement provided for a fair and reasonable set of workplace terms, including wages and conditions, and whether it complied with the relevant provisions of the Fair Work Act. The Commission also had to consider if the agreement met the requirements for independent assessment and approval under the Act. Additionally, the Commission needed to ensure that the agreement did not undermine the rights of employees to be represented by a certified union or other employee representatives.

The Fair Work Commission determined that the Nestle Australia Ltd - Northern Distribution Centre (NUW) Agreement 2013-2016 met the necessary criteria for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with the requirements of the Fair Work Act. The Commission also concluded that the agreement had been independently assessed and that it did not undermine the rights of employees to be represented by a certified union or other employee representatives. As such, the Commission approved the agreement, subject to certain conditions, to ensure that it continued to meet the necessary requirements for workplace regulation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established