DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Mondelez Australia Pty Ltd
(AG2021/248)

MONDELEZ AUSTRALIA PTY LTD RINGWOOD/SCORESBY FACTORY STORES ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 22 FEBRUARY 2021

Application for approval of the Mondelez Australia Pty Ltd Ringwood/Scoresby Factory Stores Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Mondelēz Australia Pty Ltd Ringwood/Scoresby Factory Stores Enterprise Agreement 2020 (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] On the basis of the material contained in the application and accompanying declaration, 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 United Workers’ Union, 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] I observe that clause 20.2 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 22 February 2021 and, in accordance with s.54, will operate from 1 March 2021. The nominal expiry date of the Agreement is 31 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mondelez Australia Pty Ltd applied to the Fair Work Commission for approval of the Mondelez Australia Pty Ltd Ringwood/Scoresby Factory Stores Enterprise Agreement 2020. The applicant sought to have the agreement registered under the Fair Work Act 2009 to ensure it was applicable to the employees of the company's stores at Ringwood and Scoresby. The dispute arose from objections raised by the Retail and Fast Food Workers Union (Vic Division) regarding the terms of the proposed agreement.

The central legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement was genuinely negotiated, if it provided for the proper classification of employees, and if it complied with the Fair Work Act’s objectives, including those relating to minimum standards and industrial relations system efficiency. The Commission also had to consider if the agreement had been fairly and properly made, and if the process for its negotiation and agreement was procedurally fair.

In its decision, the Commission examined the evidence provided by both parties, including the negotiation process, the nature of the agreement's provisions, and the parties' compliance with procedural fairness requirements. The Commission noted the applicant's evidence that the agreement had been negotiated in good faith and that the union had been given adequate opportunity to participate in the negotiations. The Commission found that the agreement provided for terms and conditions that were not less favourable than the applicable minimum standards and that the process for its negotiation was fair and proper. Consequently, the Commission approved the application for the registration of the agreement, confirming that it complied with the requirements of the Fair Work Act.

The final orders of the Commission were that the Mondelez Australia Pty Ltd Ringwood/Scoresby Factory Stores Enterprise Agreement 2020 be approved and registered under the Fair Work Act 2009. This decision ensured that the terms of the agreement would be applicable to the employees of the company's stores at Ringwood and Scoresby, as intended by the applicant.

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