Mondelez Australia

[2014] FWCA 3559

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mondelez Australia
(AG2014/6012)

MONDELEZ AUSTRALIA PTY LTD AND AMWU, FITTERS AND ENGINEERING STORES CONFECTIONERY OPERATIONS VICTORIA AGREEMENT 2014-2017

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 28 MAY 2014

Application for approval of the Mondelez Australia Pty Ltd and AMWU, Fitters and Engineering Stores Confectionery Operations Victoria Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Mondelez Australia Pty Ltd and AMWU, Fitters and Engineering Stores Confectionery Operations Victoria Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Mondelez Australia. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 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), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 4 June 2014.The nominal expiry date of the Agreement is 31 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Mondelez Australia Pty Ltd and the Australian Manufacturing Workers' Union, the Fair Work Commission was tasked with considering an application for the approval of an enterprise agreement. The agreement in question was the Mondelez Australia Pty Ltd and AMWU, Fitters and Engineering Stores Confectionery Operations Victoria Agreement 2014-2017. The union sought approval of this agreement under the Fair Work Act 2009, and Mondelez contested certain aspects, focusing on the potential implications for their workforce and operations.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under section 231 of the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions, and if it was made in good faith and without coercion. The Commission also had to consider whether the agreement appropriately balanced the interests of both parties, ensuring that it did not unjustifiably disadvantage either the employer or the employees.

The Commission found that the agreement was fair and reasonable, and had been made in good faith without any coercion. The terms of the agreement provided for appropriate conditions of employment, including wages, hours of work, and other employment-related matters. The Commission was satisfied that the agreement did not unjustifiably disadvantage either party and that it appropriately balanced the interests of both the employer and the employees. The Commission noted the efforts of both parties to reach a mutually acceptable agreement and acknowledged the complexity of the negotiations. The application for approval was therefore granted.

In granting the application, the Commission made an order approving the Mondelez Australia Pty Ltd and AMWU, Fitters and Engineering Stores Confectionery Operations Victoria Agreement 2014-2017 as a registered agreement under section 175 of the Fair Work Act. The agreement became effective from the date of the Commission's decision, providing certainty and stability for both parties in their employment relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established