Bundaberg Sugar Ltd
[2025] FWCA 2253
•9 JULY 2025
| [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
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