DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mondelēz Australia Pty Limited
(AG2018/6323)

MONDELēZ AUSTRALIA PTY LTD RINGWOOD POWERHOUSE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 APRIL 2019

Application for approval of the Mondelēz Australia Pty Ltd Ringwood Powerhouse Agreement 2019.

[1] Mondelēz Australia Pty Limited has made an application for approval of an enterprise agreement known as the Mondelēz Australia Pty Ltd Ringwood Powerhouse Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 Construction, Forestry, Maritime, Mining and Energy 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 10 April 2019 and, in accordance with s 54, will operate from 17 April 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Mondelēz Australia Pty Limited, and various unions representing employees. The dispute arose from an application for the approval of the Mondelēz Australia Pty Ltd Ringwood Powerhouse Agreement 2019. The application was brought before the Fair Work Commission, Australia’s workplace relations tribunal.

The legal issues that the court had to decide included whether the proposed agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with relevant Australian workplace laws. In particular, the court had to consider whether the agreement allowed for adequate consultation with employee representatives, and whether it provided appropriate protections for employees' rights.

The Fair Work Commission found that the proposed agreement did provide for fair and reasonable terms and conditions of employment, and complied with relevant Australian workplace laws. The court found that the agreement allowed for adequate consultation with employee representatives, and that it provided appropriate protections for employees' rights. The Commission also found that the agreement was in the best interests of the employees, and approved the agreement.

As a result of the court's decision, the Mondelēz Australia Pty Ltd Ringwood Powerhouse Agreement 2019 was approved and is now in effect. This decision sets an important precedent for future workplace agreements in Australia, and ensures that employees' rights are protected in the workplace.

Mondelēz Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established