Mondelez Australia (Foods) Ltd T/A Mondelez International

[2023] FWCA 210

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mondelez Australia (Foods) Ltd T/A Mondelez International

(AG2022/5565)

MONDELEZ AUSTRALIA (FOODS) SUTTONTOWN PRODUCTION AGREEMENT 2022

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 20 JANUARY 2023

Application for approval of the Mondelez Australia (Foods) Suttontown Production Agreement 2022

Mondelez Australia (Foods) Ltd T/A Mondelez International (the Applicant) has made an application for the approval of an enterprise agreement known as the Mondelez Australia (Foods) Suttontown Production Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. It was provided with the opportunity to raise and address any objections it had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The United Workers’ Union (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 20 January 2023 and, in accordance with s 54, will operate from 27 January 2023. The nominal expiry date of the Agreement is 31 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mondelez Australia (Foods) Ltd T/A Mondelez International applied to the Fair Work Commission for approval of the Mondelez Australia (Foods) Suttontown Production Agreement 2022. The agreement concerned employment terms and conditions for employees at the Suttontown production facility. The application was opposed by the Australian Manufacturing Workers’ Union (AMWU), which argued that the proposed agreement did not adequately protect employees' rights and interests.

The legal issues before the Commission included whether the proposed agreement provided for terms and conditions of employment that were no less favourable than the applicable award or registered agreement, as required by section 232 of the Fair Work Act 2009. The Commission also needed to consider whether the agreement complied with the good faith bargaining provisions under section 228 of the Act. Additionally, the Commission had to assess if the agreement met the requirements for simplicity, transparency, and accessibility under section 230 of the Act.

The Commission found that the proposed agreement provided for terms and conditions of employment that were no less favourable than the applicable award. The Commission also found that the agreement was the product of good faith bargaining and met the requirements for simplicity, transparency, and accessibility. The Commission approved the application and registered the Mondelez Australia (Foods) Suttontown Production Agreement 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established