Mackay Sugar Limited T/A Mackay Sugar Summary

[2022] FWCA 1170

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mackay Sugar Limited T/A Mackay Sugar

(AG2022/682)

Mackay Sugar Enterprise Agreement 2022

Sugar industry
COMMISSIONER HUNT	BRISBANE, 4 APRIL 2022

Application for the approval of Mackay Sugar Enterprise Agreement 2022

Mackay Sugar Limited T/A Mackay Sugar (the Employer) has applied for approval of an enterprise agreement known as the Mackay Sugar Enterprise Agreement 2022 (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.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Australian Workers’ Union (AWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were received.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The AMWU, the AWU, and the CEPU, 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) of the Act I note that the Agreement covers the AMWU, the AWU, and the CEPU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 April 2022. The nominal expiry date of the Agreement is 28 February 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

In the Fair Work Commission, Mackay Sugar Limited, trading as Mackay Sugar, sought approval of the Mackay Sugar Enterprise Agreement 2022. The application involved the negotiation and approval of a new enterprise agreement that would govern the employment terms and conditions of workers at Mackay Sugar. The primary dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement contained all the necessary terms as required by the Fair Work Act, and whether it was free from any provisions that could be considered contrary to public policy. The Commission had to examine the agreement's provisions concerning wages, working hours, leave entitlements, and other employment conditions, to ensure they complied with the statutory framework and did not undermine public policy objectives.

The Commission found that the Mackay Sugar Enterprise Agreement 2022 was comprehensive and in line with the statutory requirements. It included all necessary terms and did not contain any provisions that contravened public policy. The agreement was deemed to be fair and reasonable, taking into account the needs of both the employer and the employees. Consequently, the Commission approved the agreement, ensuring that it would provide a stable and fair framework for the employment relationship between Mackay Sugar and its workforce.

No further orders were necessary as the agreement was approved in its entirety.

Mackay Sugar Limited T/A Mackay Sugar

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established