DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Isis Central Sugar Mill Company Ltd
(AG2016/7431)

ISIS CENTRAL SUGAR MILL ENTERPRISE AGREEMENT NUMBER 9, 2016

Sugar industry
COMMISSIONER LEE	MELBOURNE, 2 FEBRUARY 2017

Application for approval of the Isis Central Sugar Mill Enterprise Agreement Number 9, 2016.

[1] An application has been made for approval of an enterprise agreement known as the Isis Central Sugar Mill Enterprise Agreement Number 9, 2016 (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 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility 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, The Australian Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, have given notice under s.183 of the Act that it wants 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 9 February 2017. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Isis Central Sugar Mill Company Limited, sought approval for the Isis Central Sugar Mill Enterprise Agreement Number 9, 2016. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The respondents to the application were various unions and employee representatives who contested certain provisions within the agreement.

The primary legal issue before the Commission was whether the agreement contained all the required terms and conditions as stipulated by the Fair Work Act. Specifically, the Commission had to determine if the agreement was free from prohibited content, and if it was made in good faith and without coercion. Additionally, the Commission assessed whether the agreement provided for a direct and clear process for the resolution of employee disputes.

The Commission found that the agreement was substantially in compliance with the statutory requirements, and did not contain any prohibited content. The evidence presented indicated that the agreement had been negotiated in good faith and without coercion. The Commission also determined that the agreement provided an adequate framework for the resolution of employee disputes. Consequently, the Commission approved the agreement, finding that it met the necessary standards for endorsement under the Fair Work Act.

The Fair Work Commission approved the Isis Central Sugar Mill Enterprise Agreement Number 9, 2016, effective from the date of the decision. The approval ensures that the terms and conditions set out in the agreement are legally binding on both the employer and the employees covered by the agreement.

Isis Central Sugar Mill Company Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established