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

Annexure A

CaseChat Overview and Summary

Mackay Sugar Limited, trading as Mackay Sugar, applied for the approval of the Mossman Sugar Mill Enterprise Agreement, No 12 2018. The application was heard in the Fair Work Commission. The dispute centred around the approval of an enterprise agreement between the employer and the employees at the Mossman Sugar Mill. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal requirements for approval, including whether it provided for fair and reasonable terms and conditions of employment.

The primary legal issues before the Commission were whether the agreement provided for the minimum terms and conditions as required by the Fair Work Act 2009, and whether it complied with the procedural requirements for approval. The Commission needed to consider whether the agreement had been genuinely negotiated and whether it met the standards of procedural fairness. Additionally, the Commission had to ensure that the agreement did not unfairly disadvantage any group of employees.

The Fair Work Commission found that the agreement met the statutory requirements for approval. The Commission considered the evidence presented and concluded that the agreement was genuinely negotiated and provided for fair and reasonable terms and conditions. The Commission also found that the agreement complied with the procedural requirements, ensuring that the employees had been adequately informed and had the opportunity to participate in the negotiation process. Based on these findings, the Commission approved the Mossman Sugar Mill Enterprise Agreement, No 12 2018.

The Fair Work Commission approved the Mossman Sugar Mill Enterprise Agreement, No 12 2018, on the basis that it met the statutory requirements for genuine negotiation, provided for fair and reasonable terms and conditions, and complied with the procedural requirements for approval. The Commission’s decision was made after careful consideration of the evidence and arguments presented, ensuring that the agreement was in the best interests of the employees and the employer.

Mackay Sugar Limited T/A Mackay Sugar

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established