DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mondelez Australia Pty Ltd
(AG2017/6345)

MONDELEZ AUSTRALIA PTY LTD, CLAREMONT OPERATIONS MAINTENANCE ENTERPRISE AGREEMENT 2017

Tasmania
COMMISSIONER CIRKOVIC	MELBOURNE, 28 MAY 2018

Application for approval of the Mondelez Australia Pty Ltd, Claremont Operations Maintenance Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Mondelez Australia Pty Ltd, Claremont Operations Maintenance Enterprise Agreement 2017 (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 Applicant 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 28 May 2018 and, in accordance with s.54, will operate from 4 June 2018. The nominal expiry date of the Agreement is 28 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Mondelez Australia Pty Ltd, the applicant sought approval of the Mondelez Australia Pty Ltd, Claremont Operations Maintenance Enterprise Agreement 2017. The respondent, the Health Services Union of Australia, contested the application on various grounds. The case was heard in the Fair Work Commission.

The legal issues before the Commission included whether the agreement met the statutory requirements for approval, specifically whether it complied with the Fair Work Act 2009 and the Fair Work Regulations 2009. Key considerations involved the agreement's procedural fairness, its terms and conditions, and whether it provided for the protection of employees' rights and interests.

The Commission found that the agreement was procedurally fair, having been negotiated in good faith and with adequate consultation. The terms and conditions of the agreement were also examined to ensure they were not detrimental to employees. The Commission concluded that the agreement provided adequate protections for employees, including provisions for minimum wages, penalty rates, and conditions such as leave entitlements. The Commission approved the agreement, noting that it met the necessary statutory requirements.

The Commission's final order was to approve the Mondelez Australia Pty Ltd, Claremont Operations Maintenance Enterprise Agreement 2017, effective from the date of the decision. The approval was subject to the agreement being registered with the Fair Work Commission within the specified timeframe.

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