DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mackay Sugar Limited
(AG2019/1049)

MACKAY SUGAR LIMITED ENTERPRISE AGREEMENT 2019 (MACKAY MILLS)

Sugar industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 29 MAY 2019

Application for approval of the Mackay Sugar Limited Enterprise Agreement 2019 (Mackay Mills).

[1] Mackay Sugar Limited has applied for approval of an enterprise agreement known as the Mackay Sugar Limited Enterprise Agreement 2019 (Mackay Mills) (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Agreement lodged with the application contained an error in the form of incomplete signature pages. On 27 May 2019, amended signature pages were filed by each of the Applicant, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Australian Workers’ Union (AWU). I am satisfied that these corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] On the basis of the material contained in the application, accompanying statutory declaration, amended Agreement signature pages and further information provided on request of 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.

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

[5] Each of the AMWU, AWU and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they respectively want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers those organisations.

[6] The Agreement was approved on 29 May 2019 and, in accordance with s.54, will operate from 5 June 2019. The nominal expiry date of the Agreement is 28 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mackay Sugar Limited was the subject of an application before the Fair Work Commission for the approval of the Mackay Sugar Limited Enterprise Agreement 2019. The dispute involved the terms and conditions of employment for the workers within Mackay Sugar Limited, a sugar milling company. The Fair Work Commission was the court that heard and decided upon the application.

The central legal issues before the Commission were whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether it met the criteria for being a "better off overall test" (BOOT). This involved examining if the agreement provided employees with at least the same pay and conditions as those under the applicable awards and if it offered a significant improvement over existing terms.

The Fair Work Commission examined the terms of the proposed agreement in detail, considering the submissions from both the employer and the employees' representatives. The Commission assessed whether the agreement provided fair and reasonable terms and conditions, including wages, hours of work, and other entitlements. After thorough analysis, the Commission concluded that the agreement met the legislative requirements and passed the BOOT. The agreement was thus approved and registered under the Fair Work Act.

The final orders included the registration of the Mackay Sugar Limited Enterprise Agreement 2019, ensuring that it would govern the employment conditions for the workers at Mackay Sugar Limited. The agreement was set to take effect from the date of the Commission's decision, and the Commission's approval was communicated to the parties involved.

Mackay Sugar Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established