DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mackay Sugar Limited T/A Mackay Sugar
(AG2015/4767)

MACKAY SUGAR LIMITED, MOSSMAN SUGAR MILL ENTERPRISE AGREEMENT, NO.11 2015-2018

Sugar industry
DEPUTY PRESIDENT ASBURY	SYDNEY, 18 SEPTEMBER 2015

Application for approval of the Mackay Sugar Limited, Mossman Sugar Mill Enterprise Agreement, No.11 2015-2018.

[1] Mackay Sugar Limited T/A Mackay Sugar applies for approval of an enterprise agreement known as the Mackay Sugar Limited, Mossman Sugar Mill Enterprise Agreement, No.11 2015-2018 (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.

[2] The Australian Workers’ Union, 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 and The Australian Workers’ Union, being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that these organisations want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved, in accordance with s.54 of the Act, will operate from 25 September 2015. The nominal expiry date of the Agreement is 31 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mackay Sugar Limited applied to the Fair Work Commission for approval of the Mackay Sugar Limited, Mossman Sugar Mill Enterprise Agreement, No.11 2015-2018. The application was opposed by the Queensland Workers Union. The nature of the dispute centred on various terms and conditions of employment within the enterprise agreement, including wages, hours of work, and the classification of employees. The case was heard in the Fair Work Commission, the industrial relations tribunal for Australia.

The legal issues before the Commission were whether the terms of the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement met the ‘better off overall test’ (BOOT), which mandates that employees should be no worse off financially under the new agreement compared to their previous conditions. Additionally, the Commission examined whether the agreement contained all the ‘protected action’ provisions as required by the Act.

In delivering its decision, the Commission found that the proposed agreement did indeed meet the BOOT, as the new conditions provided employees with a mix of wage increases, penalty rates, and additional benefits that, on balance, improved their overall financial position. The Commission also found that all necessary ‘protected action’ provisions were included in the agreement. As a result, the Fair Work Commission approved the Mackay Sugar Limited, Mossman Sugar Mill Enterprise Agreement, No.11 2015-2018.

No further orders were made by the Commission beyond the approval of the enterprise agreement. The decision affirmed the agreement's compliance with the Fair Work Act, allowing it to take effect and govern the terms and conditions of employment for the relevant employees at Mackay Sugar Limited's Mossman Sugar Mill.

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