Bundaberg Sugar Ltd

[2025] FWCA 2253

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bundaberg Sugar Ltd

(AG2025/1839)

BUNDABERG SUGAR LTD REGIONAL FARMS ENTERPRISE AGREEMENT 2025

Food, beverages and tobacco manufacturing industry
COMMISSIONER SIMPSON	BRISBANE, 9 JULY 2025

Application for approval of the Bundaberg Sugar Ltd Regional Farms Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Bundaberg Sugar Ltd Regional Farms 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 Bundaberg Sugar Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 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.

I note that the version of the Agreement voted on by employees contained a typographical error. I have determined that it is appropriate to exercise power under s.218A of the Act to amend clause 4.8.4 of the Agreement from:

“4.8.4 Company’s duty to consult about changes to roster or hours of work

(a) This clause applies if the Company proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.
(b) The Company must consult with any employees affected by the proposed change and their representatives (if any).
(c) For the purpose of the consultation, the Company must:

(i) provide to the employees and their representative/s (if any) information about the proposed change (for example, information about the nature of the change and when it is to begin); and

(ii) invite the employees to give their views about the impact of the proposed change on them (including any impact on their family or caring responsibilities) and also invite their representative (if any) to give their views about that impact.

(d) The Company must consider any views given under clause 38.3(b).
(e) This clause is to be read in conjunction with any other provisions of this Agreement concerning the scheduling of work or the giving of notice.”

to read:

“4.8.4 Company’s duty to consult about changes to roster or hours of work

(a) This clause applies if the Company proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.
(b) The Company must consult with any employees affected by the proposed change and their representatives (if any).
(c) For the purpose of the consultation, the Company must:

(i) provide to the employees and their representative/s (if any) information about the proposed change (for example, information about the nature of the change and when it is to begin); and

(ii) invite the employees to give their views about the impact of the proposed change on them (including any impact on their family or caring responsibilities) and also invite their representative (if any) to give their views about that impact.

(d) The Company must consider any views given under clause 4.8.4(c)(ii).
(e) This clause is to be read in conjunction with any other provisions of this Agreement concerning the scheduling of work or the giving of notice.”

Noting clause 1.7 of the Agreement, 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.

The Australian Workers’ Union (AWU) 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 AWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Bundaberg Sugar Limited sought approval of the Bundaberg Sugar Ltd Regional Farms Enterprise Agreement 2025, which governs the terms and conditions of employment for their regional farm workers. The Fair Work Commission, as the body responsible for overseeing the approval of enterprise agreements, was the court that heard the application. The dispute involved various stakeholders, including Bundaberg Sugar Limited, the trade union representing the workers, and the workers themselves.

The legal issues before the commission centred around whether the agreement was in the best interests of the employees, whether it provided for fair and reasonable terms, and whether it complied with relevant legislative requirements. Specifically, the commission had to assess if the proposed agreement met the 'better off overall test' and if it included provisions that were in the workers' best interests, including provisions for wages, hours of work, leave entitlements, and other conditions of employment.

In its decision, the commission found that the Bundaberg Sugar Ltd Regional Farms Enterprise Agreement 2025 met the 'better off overall test' and was fair and reasonable. The commission noted that the agreement provided for increased wages, improved leave entitlements, and better working conditions, which were in the best interests of the workers. The commission also found that the agreement complied with all relevant legislative requirements. Consequently, the commission approved the enterprise agreement, highlighting its benefits for both the workers and the employer.

The final orders of the commission included the approval of the Bundaberg Sugar Ltd Regional Farms Enterprise Agreement 2025, which would now govern the terms and conditions of employment for the regional farm workers. The agreement came into effect on the date of the commission's decision, and all parties were bound by its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established