Mackay Sugar Limited T/A Mackay Sugar

[2019] FWCA 792

[2019] FWCA 792

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mackay Sugar Limited T/A Mackay Sugar
(AG2018/4662)

MOSSMAN SUGAR MILL ENTERPRISE AGREEMENT, NO. 12 2018

Agricultural industry
COMMISSIONER LEE	MELBOURNE, 8 FEBRUARY 2019

Application for approval of the Mossman Sugar Mill Enterprise Agreement, No 12 2018.

[1] An application has been made for approval of an enterprise agreement known as the Mossman Sugar Mill Enterprise Agreement, No 12 2018 (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 T/A Mackay Sugar. The Agreement is a single enterprise agreement.

[2] The Employer 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.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 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 want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 February 2019. The nominal expiry date of the Agreement is 31 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A