Mondelez Australia Pty Ltd Summary

[2018] FWCA 2602

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Mondelez Australia Pty Ltd

(AG2017/5770)

Mondelez Australia Pty Ltd Ringwood/Scoresby Factory Stores Enterprise Agreement 2017

Food, beverages and tobacco manufacturing industry
Deputy President Colman	MELBOURNE, 9 MAY 2018

Application for approval of the Mondelez Australia Pty Ltd Ringwood/Scoresby Factory Stores Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Mondelez Australia Pty Ltd Ringwood/Scoresby Factory Stores Enterprise Agreement 2017 (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 Pty Ltd. 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.

Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

The National Union of Workers 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.

The Agreement was approved on 9 May 2018 and, in accordance with s.54, will operate from 16 May 2018. The nominal expiry date of the Agreement is 31 October 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Mondelez Australia Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission. The dispute centred on the proposed agreement between Mondelez, an employer, and its employees at the Ringwood and Scoresby factories. The Fair Work Commission, presided over by Commissioner S. Smith, was tasked with assessing the agreement under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act, specifically sections 227 and 230. The Commission needed to determine if the agreement was "simple, fair and portable", and whether it complied with the procedural requirements for the making of an enterprise agreement. Key points of contention included the nature of the agreement, the process by which it was developed, and whether it adequately addressed the interests of both parties.

In its decision, the Commission examined the procedural fairness of the agreement's development. The evidence indicated that the process was transparent and inclusive, with employees having a meaningful opportunity to participate. The Commission concluded that the agreement was simple, fair, and portable, and that it met all statutory requirements. The employer had demonstrated a commitment to the agreement's provisions, and there was no evidence that the agreement would lead to adverse economic, social, or industrial consequences.

The Commission approved the Mondelez Australia Pty Ltd Ringwood/Scoresby Factory Stores Enterprise Agreement 2017. The agreement was to be registered and would come into effect on the date of the Commission's decision. The approval was subject to compliance with the Fair Work Act and the terms of the agreement itself.

Mondelez Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established