DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bundaberg Sugar Ltd
(AG2019/4396)

BUNDABERG REGIONAL MILLS (MILLAQUIN AND BINGERA) AND BUNDABERG REFINERY ENTERPRISE BARGAINING AGREEMENT 2019

Sugar industry
COMMISSIONER WILLIAMS	PERTH, 30 JANUARY 2020

Application for approval of the Bundaberg Regional Mills (Millaquin and Bingera) and Bundaberg Refinery Enterprise Bargaining Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Bundaberg Regional Mills (Millaquin and Bingera) and Bundaberg Refinery Enterprise Bargaining Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bundaberg Sugar Ltd. 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] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers' Union, The Australian Workers' Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have 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 organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2020. The nominal expiry date of the Agreement is 29 January 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Bundaberg Regional Mills (Millaquin and Bingera) and Bundaberg Refinery Enterprise Bargaining Agreement 2019 was brought before the Fair Work Commission for approval. This agreement was made between the employers, represented by the Australian Manufacturing Workers' Union, and the employees. The primary focus of the agreement was to establish the terms and conditions of employment for the workers in the specified industries within the Bundaberg region. The application was lodged by the Australian Manufacturing Workers' Union, and the Commission was required to determine whether the agreement should be approved under the Fair Work Act 2009.

The Commission needed to decide if the agreement met the criteria for approval, including whether it provided for the resolution of disputes, the minimum terms and conditions of employment, and if it was made in good faith. Additionally, the Commission assessed whether the agreement was likely to achieve a productive workplace relationship, and if it provided for a fair and efficient process for resolving disputes between the parties.

The Fair Work Commission found that the agreement was made in good faith and provided for a fair and efficient process for resolving disputes. The agreement included provisions for the resolution of disputes, set out minimum terms and conditions of employment, and was likely to achieve a productive workplace relationship. The Commission took into account the nature of the industries involved and the specific circumstances of the employees and employers. Given these factors, the Commission was satisfied that the agreement met the requirements for approval under the Fair Work Act 2009.

Accordingly, the Fair Work Commission approved the Bundaberg Regional Mills (Millaquin and Bingera) and Bundaberg Refinery Enterprise Bargaining Agreement 2019, effective from the date of the decision. The agreement now serves as the legally binding terms and conditions of employment for the employees within the specified industries in the Bundaberg region, as outlined in the approved agreement.

BUNDABERG REGIONAL MILLS (MILLAQUIN AND BINGERA) AND BUNDABERG REFINERY ENTERPRISE BARGAINING AGREEMENT 2019

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established