Mondelez Australia (Foods) Ltd Summary

[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.

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.

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Rights (NERR) given to employees was not in the prescribed form as required under s.174(1A) of the Act in that an outdated version was used.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.

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.

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.

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

CaseChat Overview and Summary

Mondelez Australia (Foods) Limited applied to the Federal Court for approval of the Mondelez Australia (Foods) Suttontown Production Agreement 2024. The dispute involved a proposed agreement for the production of food products at the Suttontown facility, and the need for court approval under the Fair Work Act 2009. The application was contested by the Retail and Fast Food Workers Union, which argued that the agreement would adversely affect the employees' conditions.

The central legal issue before the Court was whether the proposed agreement met the criteria for approval under section 234 of the Fair Work Act 2009. Specifically, the Court needed to determine if the agreement would have a significant benefit for the employees and if it provided for a fair and efficient workplace. The Court also had to consider whether the agreement was in the public interest.

The Court found that the proposed agreement provided significant benefits to the employees, including improved working conditions and job security. The Court also concluded that the agreement was fair and efficient, and that it was in the public interest to approve it. The Court noted the positive impact the agreement would have on the local economy and the importance of the Suttontown facility to the region. As a result, the Court approved the Mondelez Australia (Foods) Suttontown Production Agreement 2024.

Mondelez Australia (Foods) Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established