NESTLE AUSTRALIA LTD - NORTHERN DISTRIBUTION CENTRE (UWU) AGREEMENT 2025-2028

Application for approval of the Nestle Australia Ltd - Northern Distribution Centre (UWU) Agreement 2025-2028

[1] An application has been made for approval of an enterprise agreement known as the Nestle Australia Ltd - Northern Distribution Centre (UWU) Agreement 2025-2028 (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 trading as Nestle Australia (the Applicant). The Agreement is a single enterprise agreement.

[2] The material filed in support of the application disclosed a discrepancy in the title of the agreement that covered the employees to whom the Notice of Employee Representational Rights (NERR) was issued. The applicant advised that this was a typographical error and that in the circumstances, the employees were not disadvantaged by the error. The error is a minor technical error for the purposes of s.188(5) of the Act and having regard to the Applicant's submissions, I am satisfied that the employees were not likely to have been disadvantaged by the error. I propose to disregard the error in accordance with the aforementioned section.

[3] The Applicant has provided written undertakings (Annexure A). Pursuant to s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. The United Workers' Union (UWU) was an employee bargaining representative in the negotiations and supported the proposed undertakings. 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.

[4] Having regard to the supporting material and the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

[5] The UWU lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.

[6]

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 13 May 2028.

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