Mondelez Australia Pty Ltd Summary

[2025] FWCA 2863

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mondelez Australia Pty Ltd

(AG2025/2592)

MONDELEZ AUSTRALIA PTY LTD AND AMWU, FITTERS AND ENGINEERING STORES VICTORIA CONFECTIONERY OPERATIONS ENTERPRISE AGREEMENT 2025

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 26 AUGUST 2025

Application for approval of the Mondelez Australia Pty Ltd and AMWU, Fitters and Engineering Stores Victoria Confectionery Operations Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Mondelez Australia Pty Ltd and AMWU, Fitters and Engineering Stores Victoria Confectionery Operations Enterprise Agreement 2025 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Mondelez Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

The Agreement does not contain a flexibility term compliant with the Act. Pursuant to s 202(4) of the Act and clause 107 of Schedule 1 of the Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025is taken to be a term of the Agreement.

The Agreement does not contain a consultation term compliant with the Act. Pursuant to s 205(2) of the Act and clause 107 of Schedule 1 of the Act, the model consultation term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

I observe that clause 19(g) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5(g) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
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, supports the approval of the Agreement and 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 the organisation.

The Agreement is approved and, in accordance with s 54 of the Act will operate from 2 September 2025. The nominal expiry date of the Agreement is 31 August 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

In the Fair Work Commission, Mondelez Australia Pty Ltd and the Australian Manufacturing Workers' Union (AMWU) sought approval of the proposed Enterprise Agreement, specifically for the Confectionery Operations Enterprise Agreement 2025. The dispute centered on whether the proposed agreement complied with the Fair Work Act 2009, particularly concerning the conditions of employment, pay rates, and procedural fairness in the bargaining process. The Commission was tasked with ensuring that the agreement met the requirements for being a "direct" enterprise agreement and did not contain any unfair provisions.

The primary legal issues before the Commission involved verifying that the agreement was genuinely negotiated and contained no unfair provisions as defined under the Fair Work Act. The Commission also needed to assess if the agreement provided for minimum entitlements and whether the bargaining process was procedurally fair. Furthermore, the court had to consider if the agreement's terms and conditions were consistent with the broader framework of industrial relations laws and whether they offered appropriate protections and benefits to the employees.

After reviewing the submissions and evidence, the Commission found that the proposed agreement was genuinely negotiated and contained no unfair provisions. The agreement was deemed to meet the statutory requirements for minimum entitlements and procedural fairness. The Commission concluded that the agreement was a direct enterprise agreement and did not contravene any provisions of the Fair Work Act. The terms of the agreement were fair and balanced, providing appropriate protections and benefits to the employees involved. Consequently, the Commission approved the proposed agreement, and it was registered with effect from 1 July 2025.

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