Mackay Sugar Limited Summary

[2025] FWCA 918

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mackay Sugar Limited

(AG2025/571)

MACKAY SUGAR ENTERPRISE AGREEMENT 2025

Food, beverages and tobacco manufacturing industry
COMMISSIONER HUNT	BRISBANE, 14 MARCH 2025

Application for approval of the Mackay Sugar Enterprise Agreement 2025

Mackay Sugar Limited (the Employer) has applied for approval of an enterprise agreement known as the Mackay Sugar Enterprise Agreement 2025 (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 Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 23 September 2024 and the Agreement was made on 20 February 2025. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

I have taken into consideration the material filed in the Commission. 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 “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 (CEPU), and the Australian Workers’ Union (AWU), each being bargaining representatives for the Agreement, have given notice under s.183 that they want to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers the AMWU, the CEPU and the AWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from

21 March 2025. The nominal expiry date of the Agreement is 28 February 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Mackay Sugar Limited, which sought approval for the Mackay Sugar Enterprise Agreement 2025. The application was before the Fair Work Commission, which is responsible for regulating enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the proposed agreement complied with the statutory requirements and whether it met the 'better off overall test' under the Fair Work Act.

The primary legal issues were whether the agreement appropriately balanced the rights and interests of employees with the commercial interests of the employer. Additionally, the court had to consider whether the agreement contained all the mandatory terms prescribed by the Act and whether it was certified by an independent certifier without objection. The court was also tasked with ensuring that the agreement provided for a fair and reasonable method for resolving disputes between the parties.

The Fair Work Commission examined the agreement in detail, assessing its provisions against the legislative criteria. It considered the economic and non-economic benefits and detriments to the employees, ensuring that the agreement was fair and reasonable. The Commission concluded that the agreement met the statutory requirements and passed the better off overall test. It found that the agreement contained all the necessary mandatory terms and was certified appropriately. The Commission approved the Mackay Sugar Enterprise Agreement 2025, finding it to be compliant with the Act.

Mackay Sugar Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established