“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Mondelez Australia (Foods) T/A Mondelez International

[2022] FWC 2842

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
v

Mondelez Australia (Foods) T/A Mondelez International

(B2022/1598)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 25 OCTOBER 2022

Proposed protected action ballot of employees of Mondelez Australia (Foods) T/A Mondelez International.

This is an application by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Mondelez Australia (Foods) T/A Mondelez International (Respondent).

On 24 October 2022, my Associate was advised that the Respondent did not object to the application.

In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

On the basis of the material before me, including the declaration of Mr Mark Plunkett of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

An order has been separately issued in PR747126.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU), lodged an application with the Fair Work Commission (FWC) against Mondelez Australia (Foods) T/A Mondelez International, seeking a protected action ballot order. This application was made under section 437 of the Fair Work Act 2009. The dispute centred around the proposed protected action ballot of certain employees of Mondelez Australia. The AMWU sought the order after it had been unsuccessful in reaching an agreement with Mondelez Australia during its bargaining process.

The primary legal issue before the Deputy President was whether the conditions set out in section 437 of the Act were satisfied, which would allow the AMWU to conduct a protected action ballot. This involved determining if the AMWU had genuinely tried to reach an agreement with Mondelez Australia and if there was a notification time in relation to the proposed agreement. Additionally, the Deputy President needed to assess whether the requirements of section 443(1) of the Act were fulfilled.

The Deputy President, Clancy, reviewed the material submitted, including the declaration of Mr Mark Plunkett of the AMWU, which outlined the union's efforts in bargaining with Mondelez Australia. The evidence indicated that the AMWU had indeed been genuinely attempting to reach an agreement. Furthermore, the Deputy President was satisfied that the notification time requirement and the criteria in section 443(1) of the Act had been met. Consequently, the Deputy President determined the matter on the papers without the need for a hearing, given that Mondelez Australia did not object to the application. An order was subsequently issued in PR747126.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established