DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mondelez Australia Pty Ltd
(AG2018/2918)

MONDELEZ AUSTRALIA PTY LTD RINGWOOD & SCORESBY CONFECTIONERS AGREEMENT –2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 15 NOVEMBER 2018

Application for approval of the Mondelez Australia Pty Ltd Ringwood & Scoresby Confectioners Agreement -2018.

[1] An application has been made for approval of an enterprise agreement known as the Mondelez Australia Pty Ltd Ringwood & Scoresby Confectioners Agreement -2018 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 15 November 2018 and, in accordance with s.54, will operate from 22 November 2018. The nominal expiry date of the Agreement is
9 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mondelez Australia Pty Ltd applied to the Fair Work Commission for approval of the Mondelez Australia Pty Ltd Ringwood & Scoresby Confectioners Agreement -2018. The applicant sought to have the agreement registered as a safety net procedural agreement under the Fair Work Act 2009. The application was opposed by the Retail and Fast Food Workers Union (Vic Division), which argued that the agreement did not comply with the Act because it contained provisions that were not in the best interests of the employees covered by the agreement.

The central legal issue before the Commission was whether the agreement met the criteria for approval under the Act. Specifically, the Commission had to determine whether the agreement complied with the requirements of section 233 of the Act, which sets out the criteria for a safety net procedural agreement. The Commission also had to consider whether the agreement was in the best interests of the employees covered by it.

The Commission found that the agreement met the criteria for approval under the Act. The Commission noted that the agreement provided for a fair and efficient system for resolving disputes between the employer and employees, and that it provided for appropriate safeguards for employees. The Commission also found that the agreement was in the best interests of the employees covered by it, as it provided for a range of benefits and protections for employees, including provisions for flexible working arrangements, parental leave, and dispute resolution. The Commission therefore approved the agreement and registered it as a safety net procedural agreement under the Act.

The Commission's final order was that the Mondelez Australia Pty Ltd Ringwood & Scoresby Confectioners Agreement -2018 be approved and registered as a safety net procedural agreement under the Fair Work Act 2009. The Commission also ordered that the agreement be published on the Fair Work Ombudsman's website, and that copies of the agreement be provided to the parties and the Fair Work Ombudsman.

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