Isis Central Sugar Mill Company Limited Summary

[2013] FWCA 3826

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Isis Central Sugar Mill Company Limited
(AG2013/1389)

ISIS CENTRAL SUGAR MILL ENTERPRISE AGREEMENT NUMBER 8, 2013

Sugar industry
COMMISSIONER SPENCER	BRISBANE, 17 JUNE 2013

Application for approval of the Isis Central Sugar Mill Enterprise Agreement Number 8, 2013.

[1] An application has been made for approval of an enterprise agreement known as the Isis Central Sugar Mill Enterprise Agreement Number 8, 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Isis Central Sugar Mill Company Limited. The Agreement is a single-enterprise agreement.

[2] The following Unions being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them:

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

[3] In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 June 2013. The nominal expiry date of the Agreement is 9 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Isis Central Sugar Mill Company Limited to approve the Isis Central Sugar Mill Enterprise Agreement Number 8, 2013. The application was made under section 232 of the Fair Work Act 2009. The agreement was proposed for a three-year term and encompassed various terms and conditions of employment for the employees of the sugar mill. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act and whether it was in the best interests of the employees.

The central legal issue before the Commission was whether the proposed enterprise agreement met the statutory criteria for approval. This involved assessing if the agreement had been made in good faith and if it contained the appropriate minimum terms and conditions mandated by the Fair Work Act. The Commission also had to determine whether the agreement provided a safety net for employees and whether it was in the best interests of the employees, taking into account the views of the majority of the employees. Additionally, the Commission needed to consider if the agreement provided for procedural fairness and adequate consultation processes.

In its decision, the Fair Work Commission found that the proposed enterprise agreement complied with the statutory requirements of the Fair Work Act. The Commission noted that the agreement contained all the necessary minimum terms and conditions and provided a safety net for employees. It was determined that the agreement had been made in good faith and that the majority of employees supported it. The Commission was satisfied that the agreement provided for procedural fairness and that adequate consultation processes had been followed. Consequently, the Commission approved the agreement under section 232 of the Fair Work Act.

The Commission made orders approving the Isis Central Sugar Mill Enterprise Agreement Number 8, 2013, effective from the date of the decision. The agreement was to be registered and would apply to the employees of the Isis Central Sugar Mill Company Limited for the specified three-year term. The orders mandated that the agreement would be binding on both the employer and the employees, and it would prevail over any inconsistent terms in existing workplace agreements or awards.

Isis Central Sugar Mill Company Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established