Mondelez Australia

[2014] FWCA 3584

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mondelez Australia
(AG2014/5799)

MONDELEZ AUSTRALIA PTY LTD, CLAREMONT OPERATIONS (CONFECTIONERS & STORES) ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 29 MAY 2014

Application for approval of the Mondelez Australia Pty Ltd, Claremont Operations (Confectioners & Stores) Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Mondelez Australia Pty Ltd, Claremont Operations (Confectioners & Stores) Enterprise Agreement 2014 (the Agreement). The application was made by Mondelez Australia pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] 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.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the National Union of Workers, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 5 June 2014. The nominal expiry date of the Agreement is 28 February 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mondelez Australia Pty Ltd, trading as Cadbury, applied to the Fair Work Commission for approval of its Claremont Operations (Confectioners & Stores) Enterprise Agreement 2014. The application was contested by the Australian Manufacturing Workers’ Union, which represented some of the employees. The central issue was whether the agreement met the legal requirements for approval under the Fair Work Act 2009, specifically whether it provided for the mandatory bargaining items and whether it was free from prohibited content.

The Commission examined whether the agreement provided for all the mandatory bargaining items, including minimum rates of pay, penalty rates, maximum weekly hours, leave provisions, and redundancy provisions. It also considered whether the agreement contained any prohibited content, such as terms that would have the effect of undermining the operation of the Act or the protection of employees' rights. The Commission found that the agreement provided adequately for all mandatory bargaining items and contained no prohibited content. Consequently, the application was approved.

The Commission determined that the enterprise agreement was compliant with the legislative requirements and did not contain any provisions that would undermine the objectives of the Fair Work Act. The agreement was therefore approved, allowing it to be registered and binding on the parties involved. The Commission's decision was made in accordance with the statutory criteria and the principles of fairness and good faith bargaining. The final order was that the Mondelez Australia Claremont Operations (Confectioners & Stores) Enterprise Agreement 2014 be approved and registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established