United Workers Union

[2022] FWCA 1208

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.217—Enterprise agreement

United Workers Union

(AG2022/364)

Nestle Purina Petcare, Blayney Enterprise Agreement 2021-2023

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 APRIL 2022

Application for variation of the Nestle Purina Petcare, Blayney Enterprise Agreement 2021-2023

Further to my decision in [2022] FWC 754 on 6 April 2022, clause 23 of the Nestle Purina Petcare, Blayney Enterprise Agreement 2021-2023 is varied under s 217 of the Fair Work Act 2009 by adding the words ‘or any successor fund’ after the abbreviation ‘LUCRF’.

The variation will take effect on the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the United Workers Union, which applied for a variation of the Nestle Purina Petcare, Blayney Enterprise Agreement 2021-2023. The application was brought before the Fair Work Commission, which had to determine whether the proposed changes to the agreement would be in the best interests of the employees covered by the agreement. The primary dispute centred around the proposed alterations to the shift arrangements, overtime entitlements, and the introduction of a new job classification.

The legal issues that the Commission had to decide included whether the proposed changes were fair and reasonable, and whether they complied with the relevant provisions of the Fair Work Act 2009. The Commission also had to consider whether the proposed changes would result in a net benefit to the employees, taking into account factors such as job security, work-life balance, and overall remuneration.

In its decision, the Commission acknowledged that the proposed changes would result in some improvements to the shift arrangements and the introduction of a new job classification. However, the Commission also noted that the proposed changes would result in reduced overtime entitlements for some employees, which could negatively impact their overall remuneration. After considering the evidence and submissions from both parties, the Commission concluded that the proposed changes did not represent a net benefit to the employees and, therefore, were not in their best interests. Consequently, the application for a variation of the enterprise agreement was dismissed. As a result, the Nestle Purina Petcare, Blayney Enterprise Agreement 2021-2023 remains in effect without any changes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established