Nestle Australia Ltd Trading AS Nestle Australia

[2025] FWCA 2526

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Nestle Australia Ltd Trading AS Nestle Australia

(AG2025/2279)

NESTLE SMITHTOWN ENTERPRISE AGREEMENT 2025

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 30 JULY 2025

Application for approval of the Nestle Smithtown Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Nestle Smithtown Enterprise Agreement 2025 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 6 August 2025. The nominal expiry date of the Agreement is 29 April 2028.

The Australasian Meat Industry Employees Union (AMIEU), being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the AMIEU.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission (FWC) was brought by Nestle Australia Ltd, seeking approval of the Nestle Smithtown Enterprise Agreement 2025. The dispute centred on the terms and conditions of employment for employees at the Smithtown site, including wages, hours of work, and other employment matters. The application was brought under section 234 of the Fair Work Act 2009, which allows for the approval of enterprise agreements that have been registered by the Commission. The application was opposed by the Australian Manufacturing Workers' Union (AMWU), which argued that the proposed agreement did not provide adequate protections for employees.

The legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act and whether it provided for the fair and reasonable terms and conditions of employment for the employees covered by the agreement. The Commission considered whether the agreement provided for a safety net of minimum entitlements, whether it allowed for flexibility in the workplace, and whether it provided for appropriate dispute resolution mechanisms. The Commission also considered whether the agreement provided for appropriate protections for employees, including protections against unfair dismissal and protections for employees with disabilities.

The Commission found that the proposed agreement met the requirements of the Fair Work Act and provided for the fair and reasonable terms and conditions of employment for the employees covered by the agreement. The Commission noted that the agreement provided for a safety net of minimum entitlements, including minimum wages and leave entitlements, and that it allowed for flexibility in the workplace through provisions for flexible working arrangements. The Commission also found that the agreement provided for appropriate dispute resolution mechanisms, including provisions for conciliation and arbitration. The Commission noted that the agreement provided for appropriate protections for employees, including protections against unfair dismissal and protections for employees with disabilities. The Commission approved the proposed agreement, subject to certain modifications to ensure that it met the requirements of the Fair Work Act.

The Fair Work Commission approved the Nestle Smithtown Enterprise Agreement 2025, subject to certain modifications. The modifications included changes to the agreement to ensure that it provided for the safety net of minimum entitlements, including minimum wages and leave entitlements, and that it allowed for flexibility in the workplace through provisions for flexible working arrangements. The modifications also included changes to the agreement to ensure that it provided for appropriate dispute resolution mechanisms, including provisions for conciliation and arbitration. The modifications also included changes to the agreement to ensure that it provided for appropriate protections for employees, including protections against unfair dismissal and protections for employees with disabilities.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established