Mondelez Australia Pty Ltd

[2021] FWCA 968

[2021] FWCA 968

FAIR WORK COMMISSION

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

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