DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nestle Australia Ltd T/A Nestle Purina Pet Care
(AG2018/5209)

NESTLE PURINA PETCARE, BLAYNEY ENTERPRISE AGREEMENT 2018-2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 7 JANUARY 2019

Application for approval of the Nestle Purina Petcare, Blayney Enterprise Agreement 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as the Nestle Purina Petcare, Blayney Enterprise Agreement 2018-2020 (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 Purina Pet Care. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that 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.

[3] Subject to the undertakings referred to above, 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. 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.

[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 was approved on 7 January 2019 and, in accordance with s.54, will operate from 14 January 2019. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Nestle Australia Ltd, trading as Nestle Purina Pet Care, applied to the Fair Work Commission for approval of the Nestle Purina Petcare, Blayney Enterprise Agreement 2018-2020. The dispute arose between the employer and its employees, who were represented by the United Voice union. The Commission was required to determine whether the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement contained the minimum terms and conditions mandated by the Fair Work Act. Specifically, the Commission had to consider if the agreement provided for minimum rates of pay, minimum leave entitlements, and other essential conditions of employment. The Commission also had to assess whether the agreement was free from prohibited content and whether it was in the best interests of the employees.

The Commission found that the agreement satisfied all the necessary requirements for approval. The agreement provided for minimum rates of pay and leave entitlements that were not less favourable than the applicable award or safety net award. The Commission also found that the agreement did not contain any prohibited content and was in the best interests of the employees. Consequently, the Commission approved the agreement, which will now apply to the employees of Nestle Purina Petcare at the Blayney site.

The Fair Work Commission approved the Nestle Purina Petcare, Blayney Enterprise Agreement 2018-2020. The agreement will now apply to the employees of Nestle Purina Petcare at the Blayney site, providing them with the minimum terms and conditions mandated by the Fair Work Act.

Nestle Australia Ltd T/A Nestle Purina Pet Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established