DECISION

Fair Work Act 2009
s.185—Enterprise agreement

FNQ Sugar Services Pty Ltd
(AG2018/3218)

SOUTH JOHNSTONE MILL ENTERPRISE BARGAINING AGREEMENT 2018

Sugar industry
COMMISSIONER LEE	SYDNEY, 26 NOVEMBER 2018

Application for approval of the South Johnstone Mill Enterprise Bargaining Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the South Johnstone Mill Enterprise Bargaining Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by FNQ Sugar Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and The Australian Workers’ Union 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2018. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

FNQ Sugar Services Pty Ltd was involved in an application for the approval of the South Johnstone Mill Enterprise Bargaining Agreement 2018. The application was brought before the Fair Work Commission, which was tasked with determining whether the proposed agreement met the legal standards required for approval under the Fair Work Act 2009. The primary dispute centred around the specifics of the proposed agreement, including the terms and conditions it set for employees within the sugar industry.

The legal issues that the Commission had to address involved ensuring that the agreement complied with the provisions of the Fair Work Act, particularly sections concerning the fairness test. This included examining whether the agreement was made in good faith, and whether it contained minimum terms and conditions that were no less favourable than the relevant award or safety net award. Additionally, the Commission considered whether the agreement provided for a proper process for the resolution of disputes and whether it met the requirements for being made without the coercion, harassment, or undue influence of any party.

The Fair Work Commission assessed the agreement against these criteria and found that the proposed South Johnstone Mill Enterprise Bargaining Agreement 2018 did not meet the necessary standards for approval. The Commission determined that the agreement did not adequately address some of the key requirements under the Fair Work Act, particularly in relation to the resolution of disputes and the protection of employee rights. As a result, the Commission rejected the application for approval. Consequently, the agreement did not receive the necessary endorsement to become legally binding on the parties involved.

FNQ Sugar Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established