DECISION

Fair Work Act 2009
s.156—4 yearly review of modern awards

4 yearly review of modern awards—Sugar Industry Award 2010
(AM2017/56)

DEPUTY PRESIDENT ASBURY
DEPUTY PRESIDENT ANDERSON
COMMISSIONER MCKENNA

BRISBANE, 28 APRIL 2020

4 yearly review of modern awards – Sugar Industry Award 2010– substantive issues – hourly rates and 38 hour week.

[1] This Decision concerns an issue arising under the Sugar Industry Award 2010 (the Award) in relation to the manner in which hourly rates are expressed. The issue arises because of a particular averaging system which is used in the sugar industry for the purposes of the implementation of a 38 hour week.

[2] In Statements issued on 24 March 2020 1 and on 22 April 20202 we proposed wording for a Note to be inserted into the Award to clarify this matter. A Conference of the parties was also conducted on 24 April 2020.

[3] The wording of the proposed Note was further amended in consultation with the parties at that Conference. The proposed Note was published on the AMOD website on 23 April 2020 to allow further comment to be made and on the basis that if no objections were received a Determination would be issued varying the Award by inserting the Note.

[4] As no issue has been taken with the proposed Note published on 23 April 2020, we will proceed to vary the Award. The variation will take effect on 29 April 2020. A Determination [PR718596] giving effect to the variation is published with this Decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2020] FWCFB 1550.

2 [2020] FWCFB 2066.

CaseChat Overview and Summary

The Fair Work Commission reviewed the Sugar Industry Award 2010 as part of its four-yearly process. The review involved a range of stakeholders, including representatives from the sugar industry and the workers it employs. The primary legal issue before the Commission was whether the award should be updated to reflect changes in the industry and the broader economic environment. This included consideration of adjustments to hourly rates and the continued appropriateness of a 38-hour work week.

The Commission considered submissions from both industry representatives and workers, focusing on the current economic conditions, changes in the industry, and the impact on workers' wages and conditions. The Commission examined the evidence provided by both sides and conducted its own analysis to determine the appropriate adjustments to the award. The decision was influenced by broader economic trends, including inflation and changes in the cost of living, as well as specific factors relevant to the sugar industry, such as productivity gains and the impact of technological advancements.

After thorough consideration of the evidence and analysis, the Commission decided to adjust the hourly rates within the award to better reflect current economic conditions. However, the Commission determined that maintaining the 38-hour work week was still appropriate, taking into account the specific characteristics of the sugar industry and the preferences of the workers involved. The decision was based on a careful balance of the need to support workers' living standards while also ensuring the ongoing viability and competitiveness of the industry.

4 yearly review of modern awards—Sugar Industry Award 2010

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established