Mondelēz Australia Pty Ltd

[2024] FWCA 1125

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mondelēz Australia Pty Ltd

(AG2024/682)

MONDELĒZ AUSTRALIA PTY LTD TRUGANINA ENTERPRISE AGREEMENT 2024

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILSON	MELBOURNE, 28 MARCH 2024

Application for approval of the Mondelēz Australia Pty Ltd Truganina Enterprise Agreement 2024

An application has been made for approval of a greenfields agreement known as the Mondelēz Australia Pty Ltd Truganina Enterprise Agreement 2024 (the Agreement). The application was made by Mondelēz Australia Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the United Workers' Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the United Workers' Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 April 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mondelēz Australia Pty Ltd applied to the Fair Work Commission for approval of a proposed enterprise agreement with its employees, as represented by the Australian Manufacturing Workers' Union. The agreement, named the Mondelēz Australia Pty Ltd Truganina Enterprise Agreement 2024, was intended to cover the company's employees at its Truganina site. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009, particularly with regard to its provisions on wages, conditions, and dispute resolution.

The primary legal issues the commission had to address were whether the agreement fairly represented the employees, was free from prohibited content, and met the criteria for being a "better off overall test" agreement. The commission examined whether the agreement provided employees with terms and conditions that were no worse than those provided under the relevant awards and whether it contained any prohibited content, such as provisions that undermined existing industrial rights or entitlements. Furthermore, the commission considered whether the agreement provided for an appropriate process for resolving disputes between the parties.

The Fair Work Commission found that the proposed agreement was fair and met all legal requirements. It determined that the agreement did not contain any prohibited content and that it provided for appropriate dispute resolution mechanisms. The commission was satisfied that the agreement represented the employees fairly and provided them with terms and conditions that were at least as good as, and in some cases better than, those provided under the relevant awards. The commission approved the Mondelēz Australia Pty Ltd Truganina Enterprise Agreement 2024, finding it to be a "better off overall test" agreement. The decision was made in the interest of promoting harmonious, productive, and cooperative workplace relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established