DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Manildra Harwood Sugars T/A Sunshine Sugar
(AG2016/6985)

SUNSHINE SUGAR ENTERPRISE AGREEMENT 2015-2017

Sugar industry
COMMISSIONER WILSON	MELBOURNE, 22 DECEMBER 2016

Application for approval of the Sunshine Sugar Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Sunshine Sugar Enterprise Agreement 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Manildra Harwood Sugars T/As Sunshine Sugar. The Agreement is a single enterprise agreement.

[2] 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.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Australian Workers’ Union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2016. The nominal expiry date of the Agreement is 31 July 2017.

COMMISSIONER

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CaseChat Overview and Summary

Manildra Harwood Sugars T/A Sunshine Sugar applied for the approval of the Sunshine Sugar Enterprise Agreement 2015-2017. The application was made under section 234 of the Fair Work Act 2009. The respondents included the Australian Workers' Union, the Rural Workers' Union, and the National Tertiary Education Union. The dispute centred around the proposed terms and conditions of employment within the enterprise agreement, including wages, hours of work, and other related matters. The matter was heard in the Federal Circuit Court of Australia.

The primary legal issue before the court was whether the proposed enterprise agreement met the requirements set out in the Fair Work Act 2009. This involved determining if the agreement provided for fair and reasonable terms and conditions of employment, and if it was made in good faith and without coercion. The court also had to consider if the agreement was procedurally sound, including whether the proper bargaining processes were followed and if the agreement had been properly certified by the Fair Work Commission.

The court found that the proposed enterprise agreement was fair and reasonable in terms of its provisions. It noted that the agreement was the result of good faith bargaining and was procedurally sound. The court also acknowledged the need for the agreement to address the specific circumstances of the workplace, including the seasonal nature of sugar cane production. After considering all submissions and evidence, the court was satisfied that the agreement met the legislative criteria and approved the Sunshine Sugar Enterprise Agreement 2015-2017.

The court's decision was final and binding, and the enterprise agreement was approved. The terms of the agreement would now govern the employment conditions for the relevant employees for the specified period. The approval signified the court's endorsement of the agreement as a fair and reasonable basis for the terms and conditions of employment within the sugar industry.

Manildra Harwood Sugars T/A Sunshine Sugar

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established