DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mondelez Australia Pty Ltd
(AG2017/5020)

APPLICATION FOR APPROVAL OF THE MONDELEZ AUSTRALIA PTY LTD, CLAREMONT OPERATIONS (CONFECTIONERS & STORES) ENTERPRISE AGREEMENT 2017

Tasmania
COMMISSIONER CIRKOVIC	MELBOURNE, 4 MAY 2018

Application for approval of the Mondelez Australia Pty Ltd, Claremont Operations (Confectioners & Stores) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Mondelez Australia Pty Ltd, Claremont Operations (Confectioners & 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.

[2] 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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.

[5] The Agreement was approved on 4 May 2018 and, in accordance with s.54, will operate from 11 May 2018. The nominal expiry date of the Agreement is 28 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mondelez Australia Pty Ltd applied to the Fair Work Commission for approval of the Mondelez Australia Pty Ltd, Claremont Operations (Confectioners & Stores) Enterprise Agreement 2017. The applicant sought to ensure that the terms of the agreement were fair and reasonable for both the employer and the employees. The dispute involved the terms and conditions of employment, including wages, working hours, and other employment-related matters.

The legal issues the court needed to determine included whether the agreement met the requirements of the Fair Work Act 2009, particularly sections 230 and 231, which mandate that enterprise agreements be fair and reasonable. The court also considered whether the agreement provided for the proper balance between the interests of the employer and the employees, ensuring that it did not undermine the minimum standards set out in the relevant awards and the National Employment Standards.

In reaching its decision, the Fair Work Commission examined the provisions of the agreement and assessed whether they complied with the statutory criteria. The court found that the agreement provided for fair and reasonable terms and conditions of employment for the employees. It concluded that the agreement did not undermine the minimum standards set out in the relevant awards and the National Employment Standards. Consequently, the Commission approved the agreement.

The final orders of the Fair Work Commission were that the Mondelez Australia Pty Ltd, Claremont Operations (Confectioners & Stores) Enterprise Agreement 2017 be approved and registered under the Fair Work Act 2009. This decision ensures that the terms and conditions of employment for the employees are fair and reasonable, while also maintaining compliance with the statutory requirements.

Mondelez Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established