DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mondelèz Australia Pty Ltd
(AG2015/7201)

MONDELÈZ AUSTRALIA PTY LTD RINGWOOD/SCORESBY FACTORY STORES AGREEMENT 2015-2017

Storage services
COMMISSIONER ROE	MELBOURNE, 25 JANUARY 2016

Application for approval of the Mondelèz Australia Pty Ltd Ringwood/Scoresby Factory Stores Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Mondelèz Australia Pty Ltd Ringwood/Scoresby Factory Stores Agreement 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mondelèz Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. 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.

[3] 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 25 January 2016 and, in accordance with s.54, will operate from 1 February 2016. The nominal expiry date of the Agreement is 31 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Mondelèz Australia Pty Ltd, sought approval of the Mondelèz Australia Pty Ltd Ringwood/Scoresby Factory Stores Agreement 2015-2017 under section 188A of the Fair Work Act 2009. The dispute centred around the proposed agreement, which was intended to cover the employment terms of approximately 40 employees at the applicant's Ringwood/Scoresby factory stores. The application was heard in the Fair Work Commission.

The legal issues before the Commission involved whether the proposed agreement was in the public interest and whether it met the requirements of the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided a fair and reasonable balance of rights and obligations for both the employer and employees, and if it would contribute to productivity and economic efficiency. Additionally, the Commission had to assess whether the agreement complied with any relevant national employment standards.

The Fair Work Commission determined that the proposed agreement was in the public interest and met the criteria set out in the Fair Work Act. The Commission found that the agreement provided a fair and reasonable balance of rights and obligations for both parties and would contribute to productivity and economic efficiency. The agreement included provisions that aligned with the national employment standards, such as the maximum weekly hours of work, overtime rates, and provisions for paid annual leave. The Commission was satisfied that the proposed agreement was fair and reasonable, and approved it under section 188A of the Fair Work Act.

The Commission's decision approved the Mondelèz Australia Pty Ltd Ringwood/Scoresby Factory Stores Agreement 2015-2017, which now serves as a legally binding enterprise agreement between the applicant and the employees covered by the agreement.

Mondelèz 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