Mackay Sugar Limited

[2025] FWCA 918

[2025] FWCA 918

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mackay Sugar Limited

(AG2025/571)

MACKAY SUGAR ENTERPRISE AGREEMENT 2025

Food, beverages and tobacco manufacturing industry
COMMISSIONER HUNT	BRISBANE, 14 MARCH 2025

Application for approval of the Mackay Sugar Enterprise Agreement 2025

1. Mackay Sugar Limited (the Employer) has applied for approval of an enterprise agreement known as the Mackay Sugar Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 23 September 2024 and the Agreement was made on 20 February 2025. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

1. I have taken into consideration the material filed in the Commission. 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. 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 (CEPU), and the Australian Workers’ Union (AWU), each being bargaining representatives for the Agreement, have given notice under s.183 that they want to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers the AMWU, the CEPU and the AWU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from

   
   21 March 2025. The nominal expiry date of the Agreement is 28 February 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE528352  PR785213>