Mondelez Australia (Foods) Ltd

Case

[2024] FWCA 3674

22 OCTOBER 2024


[2024] FWCA 3674

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mondelez Australia (Foods) Ltd

(AG2024/3746)

MONDELEZ AUSTRALIA (FOODS) SUTTONTOWN PRODUCTION AGREEMENT 2024

Food, beverages and tobacco manufacturing industry

DEPUTY PRESIDENT DEAN

CANBERRA, 22 OCTOBER 2024

Application for approval of the Mondelez Australia (Foods) Suttontown Production Agreement 2024.

  1. An application has been made for approval of an enterprise agreement known as the Mondelez Australia (Foods) Suttontown Production Agreement 2024 (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 (Foods) Ltd. The Agreement is a single enterprise agreement.

  1. The Notice of Employee Representational Rights (NERR) given to employees was not in the prescribed form as required under s.174(1A) of the Act in that an outdated version was used. I am satisfied that this constitutes a minor procedural or technical error for the purposes of s188(5)(a) and that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

  1. I am otherwise satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

  1. The United Workers’ Union, 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 October 2024. The nominal expiry date of the Agreement is 31 August 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE526467  PR780493>

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