DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Manildra Harwood Sugars T/A Sunshine Sugar
(AG2020/3696)

SUNSHINE SUGAR ENTERPRISE AGREEMENT 2020

Sugar industry
DEPUTY PRESIDENT CROSS	SYDNEY, 24 DECEMBER 2020

Application for approval of the Sunshine Sugar Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Sunshine Sugar Enterprise Agreement 2020 (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/A 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 Australian Workers’ Union, the Construction, Forestry, Maritime, Mining and Energy Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2020. The nominal expiry date of the Agreement is 31 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Sunshine Sugar Enterprise Agreement 2020 between Manildra Harwood Sugars, trading as Sunshine Sugar, and its employees. The dispute centred on the terms and conditions of employment as stipulated in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for the employees' pay and conditions in a manner that was fair and reasonable, whether it allowed for appropriate flexibility in the workforce, and if it included provisions that ensured procedural fairness in the workplace. The Commission also needed to consider whether the agreement complied with the "better off overall test" and if it adhered to the requirements for direct dealing between the employer and employees.

The Commission found that the proposed agreement did provide for the employees' pay and conditions in a manner that was fair and reasonable, and it allowed for the necessary flexibility in the workforce. The agreement included provisions for procedural fairness and met the better off overall test. The Commission also determined that the agreement did not hinder direct dealing between the employer and employees. Consequently, the Fair Work Commission approved the Sunshine Sugar Enterprise Agreement 2020.

In its decision, the Fair Work Commission approved the agreement, paving the way for its implementation. This decision ensures that the terms and conditions of employment for the employees of Manildra Harwood Sugars, trading as Sunshine Sugar, are governed by the approved enterprise agreement.

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