DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MONDELĒZ Australia (Foods) Ltd T/A Mondelez International
(AG2019/3570)

MONDELEZ AUSTRALIA SUTTONTOWN MAINTENANCE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 20 NOVEMBER 2019

Application for approval of the Mondelez Australia Suttontown Maintenance Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Mondelēz Australia Suttontown Maintenance Agreement 2019 (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 T/A Mondelez International. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Mondelēz Australia (Foods) Ltd trading as Mondelez International, sought approval of the Suttontown Maintenance Agreement 2019 from the Fair Work Commission. The dispute centred around the terms of a maintenance agreement, which was intended to establish the employment conditions for a group of employees at a particular site. The Fair Work Commission, presided over by Commissioner McCabe, was tasked with determining whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement met the procedural and substantive requirements set out in the Fair Work Act, specifically sections 233 and 234. The Commission had to assess whether the agreement was made in good faith, whether it had been properly certified, and whether it provided for fair and reasonable terms and conditions of employment. Furthermore, the Commission needed to determine whether the agreement was made in a manner that was consistent with the principles of enterprise bargaining as outlined in the Act.

After careful consideration, the Commission found that the Mondelez Australia Suttontown Maintenance Agreement 2019 met all the necessary criteria for approval. The Commission was satisfied that the agreement was made in good faith, had been certified appropriately, and provided fair and reasonable terms and conditions for the employees. The Commission also found that the agreement was consistent with the principles of enterprise bargaining and was in the best interests of the employees covered by the agreement. As a result, the Commission approved the maintenance agreement, enabling it to come into effect.

The Fair Work Commission approved the Mondelez Australia Suttontown Maintenance Agreement 2019, allowing it to take effect from the date of the Commission's decision. The approval was based on the Commission's finding that the agreement met the necessary procedural and substantive requirements under the Fair Work Act, and that it provided fair and reasonable terms and conditions for the employees involved.

MONDELĒZ Australia (Foods) Ltd T/A Mondelez International

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established