Mackay Sugar Limited

[2016] FWCA 2896

[2016] FWCA 2896

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mackay Sugar Limited
(AG2016/679)

MACKAY SUGAR LIMITED, ENTERPRISE BARGAINING AGREEMENT (MACKAY MILLS) 2016-2019

Sugar industry
COMMISSIONER ROE	MELBOURNE, 10 MAY 2016

Application for approval of the Mackay Sugar Limited, Enterprise Bargaining Agreement (Mackay Mills) 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Mackay Sugar Limited, Enterprise Bargaining Agreement (Mackay Mills) 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mackay Sugar Limited. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 Australian Workers’ Union and 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 want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[6] The Agreement was approved on 10 May 2016 and, in accordance with s.54, will operate from 17 May 2016. The nominal expiry date of the Agreement is 28 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code O, AE418853  PR580149>

Annexure A