Mondelez Australia Pty Ltd T/A Mondelez International Summary

[2022] FWCA 1249

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mondelez Australia Pty Ltd T/A Mondelez International

(AG2022/981)

Mondelez Australia Pty Ltd and AMWU, Fitters and Engineering Stores Victoria Confectionery Operations Enterprise Agreement 2021

Manufacturing and associated industries
DEPUTY PRESIDENT BELL	MELBOURNE, 12 APRIL 2022

Application for approval of the Mondelez Australia Pty Ltd and AMWU, Fitters and Engineering Stores Victoria Confectionery Operations Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the Mondelez Australia Pty Ltd and AMWU, Fitters and Engineering Stores Victoria Confectionery Operations Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Mondelez Australia Pty Ltd T/A Mondelez International. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, 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. 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.

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.

The Agreement was approved on 12 April 2022 and, in accordance with s.54 of the Act, will operate from 19 April 2022. The nominal expiry date of the Agreement is 31 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are Mondelez Australia Pty Ltd, trading as Mondelez International, and the Australian Manufacturing Workers' Union (AMWU). The dispute centred on the application for approval of the Mondelez Australia Pty Ltd and AMWU, Fitters and Engineering Stores Victoria Confectionery Operations Enterprise Agreement 2021, before the Fair Work Commission. The application sought to have the agreement registered and made applicable to the employees covered under the agreement, in accordance with the Fair Work Act 2009.

The legal issues before the court revolved around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Key issues included whether the agreement provided for the terms and conditions of employment of the employees, whether it included the minimum entitlements set out in the National Employment Standards, and whether the agreement had been made in accordance with the procedural requirements of the Act. Additionally, the court had to consider whether the agreement provided for fair and appropriate mechanisms for dispute resolution.

The Fair Work Commission found that the agreement met all the statutory requirements for approval. It confirmed that the agreement provided for the terms and conditions of employment, including minimum entitlements, and that it complied with the procedural requirements of the Act. The Commission also noted that the agreement included provisions for dispute resolution, which were deemed to be fair and appropriate. Consequently, the application for approval was successful, and the agreement was registered as an enterprise agreement. The court ordered that the agreement be registered and made applicable to the relevant employees.

Mondelez Australia Pty Ltd T/A Mondelez International

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established