DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mondelez Australia Pty Ltd
(AG2014/9631)

MONDELEZ AUSTRALIA PTY LTD RINGWOOD & SCORESBY CONFECTIONERS AGREEMENT 2014 - 2016

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 11 DECEMBER 2014

Application for approval of the Mondelez Australia Pty Ltd Ringwood & Scoresby Confectioners Agreement 2014 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Mondelez Australia Pty Ltd Ringwood & Scoresby Confectioners Agreement 2014 - 2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Mondalez Australia Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Mondelez Australia Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2014. The nominal expiry date of the Agreement is 9 March 2016.

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mondelez Australia Pty Ltd recently sought approval for an enterprise agreement from the Fair Work Commission. The agreement in question pertains to the confectioners at Mondelez's Ringwood and Scoresby factories, spanning the years 2014 to 2016. The primary concern revolved around whether the proposed agreement met the necessary legal standards and provided a fair balance between the interests of the employees and the employer.

The central legal issues before the Commission included whether the agreement appropriately balanced the interests of the employees and the employer, and if it complied with the relevant provisions of the Fair Work Act 2009. This required an assessment of whether the agreement was genuinely bargained, whether it adhered to the "better off overall test" and whether it included the necessary terms and conditions for fair employment practices.

The Commission carefully considered the arguments presented by both parties and the relevant statutory provisions. It found that the agreement met the legal requirements for genuine bargaining and contained provisions that were fair and reasonable. The Commission also concluded that the agreement passed the "better off overall test," meaning that the overall benefits provided by the agreement to the employees outweighed any detriments. Thus, the application for approval was successful, and the agreement was certified as meeting the necessary standards.

The Commission certified the Mondelez Australia Pty Ltd Ringwood & Scoresby Confectioners Agreement 2014 - 2016 as meeting the requirements of the Fair Work Act 2009. This decision allows the agreement to be formally adopted and enforced, providing a legally binding framework for the employment of confectioners at Mondelez's Ringwood and Scoresby factories for the specified period.

Mondelez Australia Pty Ltd

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established