Mondelez Australia Pty Ltd T/A Mondelez International

[2020] FWCA 4507

[2020] FWCA 4507

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mondelez Australia Pty Ltd T/A Mondelez International
(AG2020/2317)

MONDELEZ AUSTRALIA PTY LTD AND AMWU, FITTERS AND ENGINEERING STORES VICTORIA CONFECTIONARY OPERATIONS ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 AUGUST 2020

Application for approval of the Mondelez Australia Pty Ltd and AMWU, Fitters and Engineering Stores Victoria Confectionery Operations Enterprise Agreement 2020.

[1] 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 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 as are relevant to this application for approval have been met.

[3] I note that Clause 18 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5(g) of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The Australian Manufacturing 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2020. The nominal expiry date of the Agreement is 31 August 2021.

DEPUTY PRESIDENT

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