Mondelēz Australia Pty Ltd T/A Mondelēz International

[2022] FWCA 1339

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mondelēz Australia Pty Ltd T/A Mondelēz International

(AG2022/1007)

Mondele̅z Australia Pty Ltd Ringwood Powerhouse Enterprise Agreement 2022

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 20 APRIL 2022

Application for approval of the Mondelēz Australia Pty Ltd Ringwood Powerhouse Enterprise Agreement 2022

Mondelēz Australia Pty Ltd T/A Mondelēz International (the Employer) has made an application for approval of an enterprise agreement known as the Application for approval of the Mondelēz Australia Pty Ltd Ringwood Powerhouse Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

On the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, and 188 as are relevant to this application for approval have been met.

The Agreement was approved on 20 April 2022 and, in accordance with s 54, will operate from 27 April 2022. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mondelēz Australia Pty Ltd, trading as Mondelēz International, made an application to the Fair Work Commission for approval of the Mondelēz Australia Pty Ltd Ringwood Powerhouse Enterprise Agreement 2022. The dispute centred around the terms and conditions of employment for employees within the Ringwood Powerhouse site, specifically those who were part of the unionised workforce. The Fair Work Commission was tasked with determining whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The legal issues before the Commission included whether the agreement provided for minimum terms and conditions of employment in accordance with the Fair Work Act, whether it complied with the requirements of the Fair Work (Registered Organisations) Act regarding the involvement of registered organisations, and whether it adhered to other statutory provisions such as those concerning procedural fairness and the protection of employees’ rights. The Commission also needed to consider whether the agreement met the requirements for the protection of genuine independent employees and whether it included necessary provisions for redundancy payments and termination of employment.

In its decision, the Fair Work Commission determined that the Mondelēz Australia Pty Ltd Ringwood Powerhouse Enterprise Agreement 2022 did comply with the statutory requirements. The Commission found that the agreement adequately provided for minimum terms and conditions, including procedural fairness and the protection of employees' rights. It also noted that the agreement included necessary provisions for redundancy payments and termination of employment. Furthermore, the Commission was satisfied that the agreement met the requirements for the protection of genuine independent employees and that it provided for appropriate involvement of registered organisations. As a result, the Commission approved the agreement, finding it to be compliant with the relevant legislation.

The final orders of the Commission were that the Mondelēz Australia Pty Ltd Ringwood Powerhouse Enterprise Agreement 2022 be approved and registered under the Fair Work Act 2009. The agreement was to come into effect from the date of the decision, providing a legally binding framework for the employment conditions of the unionised workforce at the Ringwood Powerhouse site.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established