Mondelez Australia Pty Limited t/a Mondelez International

[2019] FWCA 6539

[2019] FWCA 6539

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mondelez Australia Pty Limited t/a Mondelez International
(AG2019/3034)

MONDELEZ AUSTRALIA PTY LTD, NORTH WEST OPERATIONS ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 20 SEPTEMBER 2019

Application for approval of the Mondelez Australia Pty Ltd, North West Operations Enterprise Agreement 2019.

[1] Mondelez Australia Pty Limited t/a Mondelez International has applied for approval of a single enterprise agreement known as the Mondelez Australia Pty Ltd, North West Operations Enterprise Agreement 2019 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application and whether the Agreement passes the “better off overall” test. Further information was provided in relation to these concerns.

[3] The Applicant sought to correct errors and omissions in the original application by filing an amended application, amended statutory declaration and an amended Agreement signature page. In the circumstances, I am satisfied that these corrections should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Noting clause 7 of the Agreement, the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representative did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[6] On the basis of the material contained in the amended application, amended statutory declaration, amended Agreement signature page, further information provided on request of the Commission and the Undertakings, 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.

[7] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers this organisation.

[8] The Agreement was approved on 20 September 2019 and, in accordance with s.54, will operate from 27 September 2019. The nominal expiry date of the Agreement is 1 March 2022.

[9] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Annexure A

 1   The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

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