Mondelez Australia Summary

[2014] FWCA 3526

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Mondelez Australia
(AG2014/5803)

MONDELEZ AUSTRALIA PTY LTD, CLAREMONT OPERATIONS MAINTENANCE ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 27 MAY 2014

Application for approval of the Mondelez Australia Pty Ltd, Claremont Operations Maintenance Enterprise Agreement 2014.

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

[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) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 27 May 2014 and, in accordance with s.54, will operate from 3 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

In the Fair Work Commission, Mondelez Australia Pty Ltd sought approval of the Mondelez Australia Pty Ltd, Claremont Operations Maintenance Enterprise Agreement 2014. The company is a confectionery manufacturer and employer of approximately 200 maintenance workers. The dispute centred around whether the proposed agreement met the statutory requirements for an enterprise agreement and whether it was appropriate to approve it considering the context of the negotiations and the rights of the employees involved.

The court was required to determine whether the agreement was genuinely negotiated, if it complied with the relevant sections of the Fair Work Act 2009, and whether it was in the best interests of the employees. Key issues included whether the agreement was made in good faith, whether it adequately covered minimum entitlements and other terms and conditions of employment, and whether it was appropriately certified by an independent certifier.

The Commission found that the agreement was genuinely negotiated and complied with the statutory requirements. The agreement was made in good faith, covered the necessary minimum entitlements and other terms and conditions, and was appropriately certified. The Commission noted the efforts made by both parties to reach an agreement and the comprehensive nature of the proposed agreement. It was satisfied that the agreement was in the best interests of the employees, considering the context of the negotiations and the rights of the workers involved.

The Commission approved the Mondelez Australia Pty Ltd, Claremont Operations Maintenance Enterprise Agreement 2014, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees.

Mondelez Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established