Bundaberg Sugar Ltd Summary

[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

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bundaberg Sugar Limited applied to the Fair Work Commission for approval of the Millaquin and Refinery Enterprise Agreement 2023. The Fair Work Commission, presided over by Commissioner M. R. Carruthers, was tasked with determining whether the agreement was in the best interests of the employees and complied with the Fair Work Act 2009. The union representing the employees, the Workers Union, contested the application, arguing that the agreement did not adequately protect employee rights and interests.

The primary legal issues before the Commission were whether the agreement was made in good faith, whether it provided fair and reasonable terms and conditions of employment, and whether it complied with the procedural requirements set out in the Fair Work Act. The Commission considered submissions from both parties, including evidence on the negotiation process, the terms of the agreement, and the impact on the employees.

Commissioner Carruthers concluded that the agreement was made in good faith and provided fair and reasonable terms and conditions of employment. The Commission found that the negotiation process was transparent and that the agreement addressed key issues of concern to the employees. The Commission also determined that the agreement complied with all procedural requirements under the Fair Work Act. Accordingly, the application for approval was granted, and the Millaquin and Refinery Enterprise Agreement 2023 was approved.

Bundaberg Sugar Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established