DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mondelez Australia Pty Ltd T/A Mondelez International
(AG2020/3716)

MONDELEZ AUSTRALIA PTY LTD, CLAREMONT OPERATIONS (CONFECTIONERS & STORES) ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER YILMAZ	MELBOURNE, 11 DECEMBER 2020

Application for approval of the Mondelez Australia Pty Ltd, Claremont Operations (Confectioners & Stores) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Mondelez Australia Pty Ltd, Claremont Operations (Confectioners & 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 T/A Mondelez International. The Agreement is a single enterprise agreement.

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

[3] The United Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and in accordance with s.54, will operate from 18 December 2020. The nominal expiry date of the Agreement is 28 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mondelez Australia Pty Ltd, trading as Mondelez International, applied to the Fair Work Commission for approval of the Mondelez Australia Pty Ltd, Claremont Operations (Confectioners & Stores) Enterprise Agreement 2020. The dispute arose between the employer and the employees represented by the relevant trade union. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The key issues before the Commission were whether the agreement had been made in good faith, whether it provided for the proper protection of employees' interests, and whether it complied with the procedural requirements set out in the Act.

The Commission considered the evidence and submissions from both parties, including the process by which the agreement was negotiated and the content of the agreement itself. The employer argued that the agreement had been made in good faith and provided for the proper protection of employees' interests. The union contended that certain provisions of the agreement were not in the best interests of the employees. After carefully examining the evidence and arguments, the Commission found that the agreement had been made in good faith and adequately protected the employees' interests. The Commission also found that all procedural requirements had been met.

In light of these findings, the Commission approved the enterprise agreement. The decision was based on the evidence that the agreement was fair and reasonable, and that it met all the legal requirements for approval. The final orders included the approval of the Mondelez Australia Pty Ltd, Claremont Operations (Confectioners & Stores) Enterprise Agreement 2020, subject to the terms and conditions set out in the decision.

Mondelez Australia Pty Ltd T/A Mondelez International

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established