DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bundaberg Sugar Ltd
(AG2017/575)

BUNDABERG SUGAR LTD FARMS ENTERPRISE AGREEMENT 216

Sugar industry
COMMISSIONER ROE	MELBOURNE, 4 APRIL 2017

Application for approval of the Bundaberg Sugar Ltd Farms Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bundaberg Sugar Ltd Farms Enterprise Agreement 2016 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] The Australian Workers’ Union being a bargaining representative for the Agreement, has 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 organisation.

[5] The Agreement was approved on 4 April 2017 and, in accordance with s.54, will operate from 11 April 2017. The nominal expiry date of the Agreement is 29 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bundaberg Sugar Limited sought approval for the Bundaberg Sugar Limited Farms Enterprise Agreement 2016 under section 231 of the Fair Work Act 2009. The application was heard by the Fair Work Commission. The primary dispute centred on whether the proposed agreement met the requirements for approval, including its compliance with the 'better off overall test' and other legislative criteria.

The central legal issue was whether the agreement was in the interests of the employees it covered and if it provided a safety net for those employees. The court had to consider whether the agreement was genuinely negotiated and whether it met the statutory requirements for approval. Additionally, the court had to assess whether the agreement contained provisions that were consistent with the broader objectives of the Fair Work Act.

The Fair Work Commission found that the agreement did meet the statutory requirements for approval. The Commission concluded that the agreement was genuinely negotiated and provided a better outcome for the employees compared to the applicable award or safety net. The Commission also found that the agreement contained provisions that were consistent with the objectives of the Fair Work Act, including provisions for dispute resolution and the protection of employee rights.

The Commission approved the Bundaberg Sugar Limited Farms Enterprise Agreement 2016, effective from the date of the decision. This approval ensures that the agreement can be implemented and that the parties are bound by its terms. The decision reinforces the importance of ensuring that enterprise agreements are genuinely negotiated and provide a fair outcome for all employees involved.

Bundaberg Sugar Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established