United Workers Union Summary

[2022] FWCA 1204

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.217—Enterprise agreement

United Workers Union

(AG2022/361)

Nestle Australia Ltd - Northern Distribution Centre (NUW) Agreement 2019 - 2022

Stevedoring industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 APRIL 2022

Application for variation of the Nestle Australia Ltd - Northern Distribution Centre (NUW) Agreement 2019 - 2022

Further to my decision in [2022] FWC 754 on 6 April 2022, clause 38.1 of the Nestle Australia Ltd - Northern Distribution Centre (NUW) Agreement 2019 - 2022 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 United Workers Union sought to vary the existing industrial agreement between Nestle Australia Ltd and the union. The dispute was heard in the Fair Work Commission. The union applied to amend the existing agreement which covered employees at the Nestle Northern Distribution Centre. The union sought to change various terms and conditions including pay rates, leave entitlements, and shift patterns.

The primary legal issues for the Commission were whether the proposed changes were necessary and reasonable, and whether they complied with the relevant statutory provisions. The union argued that changes were needed to reflect economic conditions and ensure fairness for employees. Nestle Australia Ltd contended that the existing agreement was fair and that the union's proposed changes were unnecessary.

The Commission considered the economic context, industry benchmarks, and the impact of the proposed changes on both employees and the employer. It also examined whether the changes were in line with the objectives of the Fair Work Act. The Commission found that while some of the union's proposals were reasonable, others were not justified. It decided to vary the agreement in part, accepting some of the union's proposals while rejecting others. The decision balanced the need for fair and reasonable terms with the need to ensure the continued viability of the employer.

The Fair Work Commission varied the existing agreement in respect of certain terms and conditions as proposed by the union. The changes included adjustments to pay rates and leave entitlements but did not include changes to shift patterns. The decision was made in light of the need to balance the interests of both employees and the employer while ensuring compliance with the Fair Work Act.

United Workers Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established