Mondelez Australia Pty Ltd

Mondelez Australia Pty Ltd brought an application before the Fair Work Commission seeking an order that its employees be permitted to vote on the terms of their employment. The Fair Work Commission, represented by its delegate, found that a Full Bench of the Commission was required to hear the matter and referred the application to a Full Bench. Mondelez appealed the decision to the Federal Circuit Court, arguing that the delegate had erred in referring the matter to a Full Bench. The central legal issue was whether the Commission had the authority to refer an application to a Full Bench under the Fair Work Act 2009. The Court considered the language of the Act and found that the Commission did indeed have the power to refer matters to a Full Bench, as provided for in sections 582, 615, and 615A. The Court found that the Commission's decision to refer the matter to a Full Bench was not an error of law.

The Court held that the Commission was correct in finding that a Full Bench was required to hear the matter. The Court found that the issues raised in the application were of sufficient importance and complexity to warrant a Full Bench hearing. The Court also noted that the Fair Work Act expressly provides for the referral of matters to a Full Bench in certain circumstances. The Court rejected Mondelez's argument that the delegate had erred in referring the matter to a Full Bench, finding that the delegate had correctly exercised his discretion in accordance with the Act. The Court dismissed the appeal. No further orders were made.