DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mondelez Australia Pty Ltd
(AG2015/1783)

MONDELEZ AUSTRALIA PTY LTD, CLAREMONT OPERATIONS (VISITOR CENTRE) ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 5 MARCH 2015

Application for approval of the Mondelez Australia Pty Ltd, Claremont Operations (Visitor Centre) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Mondelez Australia Pty Ltd, Claremont Operations (Visitor Centre) Enterprise Agreement 2014 (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] 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 “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.

[4] The Agreement was approved on 5 March 2015 and, in accordance with s.54 of the Act, will operate from 12 March 2015. The nominal expiry date of the Agreement is 28 February 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mondelez Australia Pty Ltd applied for approval of the Mondelez Australia Pty Ltd, Claremont Operations (Visitor Centre) Enterprise Agreement 2014 before the Fair Work Commission. The dispute arose over the fairness and applicability of the proposed enterprise agreement, which aimed to govern the employment conditions of Mondelez's visitor centre operations in Claremont. The commission had to determine if the agreement was fair and appropriate for the workers involved.

The primary legal issues before the commission were whether the agreement met the criteria for fairness as stipulated under the Fair Work Act 2009. This included assessing whether the agreement provided for a genuine enterprise bargaining, if it contained appropriate terms and conditions, and if it was free from any undue influence or coercion. Additionally, the commission had to consider the procedural fairness in the process leading to the agreement's formation.

The commission carefully reviewed the application, considering the submissions from both parties and the evidence provided. It found that the agreement was the product of genuine and independent negotiations between the employer and the employees' representatives. The commission also concluded that the terms of the agreement were fair and reasonable, and that it met all legal requirements for approval. The commission approved the enterprise agreement, confirming that it was fair and appropriate for the employees of Mondelez's Claremont operations.

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