Bundaberg Sugar Ltd

Case

[2023] FWCA 1674

9 JUNE 2023


[2023] FWCA 1674

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bundaberg Sugar Ltd

(AG2023/1636)

MILLAQUIN AND REFINERY ENTERPRISE AGREEMENT 2023

Sugar industry

COMMISSIONER HARPER-GREENWELL

MELBOURNE, 9 JUNE 2023

Application for approval of the Millaquin and Refinery Enterprise Agreement 2023

  1. An application has been made for approval of an enterprise agreement known as the Millaquin and Refinery Enterprise Agreement 2023 (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.

  1. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

  1. The Australian Workers’ Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

  1. The Agreement was approved on 9 June 2023 and, in accordance with s.54, will operate from 16 June 2023. The nominal expiry date of the Agreement is 25 January 2026.

COMMISSIONER

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