MONDELēZ AUSTRALIA SUTTONTOWN MAINTENANCE ENTERPRISE AGREEMENT 2025

Application for approval of the Mondelēz Australia Suttontown Maintenance Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Mondelēz Australia Suttontown Maintenance Enterprise Agreement 2025 (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 (Foods) Ltd T/A Mondelez International (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings, a copy of which 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 requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):

• Personal Leave: Clause 19.1.2 provides that the employee must, where practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence. The clause goes on to note that if it is not practicable for the employee to give prior notice of absence, the employee must notify the employer by telephone of such absence at the first opportunity on the day of the absence. This appears to be more restrictive than the Act, which provides at s.107 that notice must be given to the employer as soon as practicable (which may be a time after the leave has started).

• Compassionate Leave: The entitlement to compassionate leave provided by Clause 20 does not appear to be triggered after the stillbirth of a child of the employee or a member of the employee's immediate family or household as per s.105(1)(b) of the Act or after the employee or the employee's spouse or de facto partner has a miscarriage as per s.105(1)(c) of the Act.

[5] Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[6] Pursuant to sections 193A(6) and (6A) of the Act, I have had regard to the submissions of the Employer that patterns of work which may cause year 2 adult apprentices working permanent night shifts to be better off under the Award are not reasonably foreseeable. I accept the submissions of the Employer. For completeness I note the terms of section 227A of the Act that allows the Commission, in certain circumstances, to reconsider whether the Agreement passes the better off overall test if there are changes to the patterns of work at a later time.

[7] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) have each lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU and CEPU.

[8] The Agreement is approved and will operate in accordance with s.54 of the Act from 5 December 2025. The nominal expiry date of the Agreement is 30 June 2028.

Printed by authority of the Commonwealth Government Printer