Manildra Stockfeeds Manufacturing Pty Ltd & NSW Sugar Milling Co Op Ltd T/A Manildra Hardwood Sugars

[2024] FWCA 4463

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Manildra Stockfeeds Manufacturing Pty Ltd & NSW Sugar Milling Co Op Ltd T/A Manildra Hardwood Sugars

(AG2024/4520)

SUNSHINE SUGAR ENTERPRISE AGREEMENT 2024

Sugar industry
COMMISSIONER PLATT	ADELAIDE, 13 DECEMBER 2024

Application for approval of the Sunshine Sugar Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Sunshine Sugar Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Manildra Stockfeeds Manufacturing Pty Ltd & NSW Sugar Milling Co Op Ltd T/A Manildra Hardwood Sugars (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 3 December 2024.

There are two National Employment Standard (NES) issues that require comment:

· Clause 27.5 provides for the entitlement to annual leave in days and hours, which is inconsistent with s.87 of the Act which provides for annual leave in weeks.
· Clause 40 does not make note of new casual employee choice conversion provisions which will be available to eligible employees from February 2025.

Clause 5 of the Agreement acts as an effective NES precedence clause. As a result, the above clauses will not apply to the extent they are inconsistent with the NES.

I had some concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Sugar Industry Award 2020 which has the result of remedying any defect.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Australian Manufacturing Workers’ Union, Construction, Forestry and Maritime Employees Union and Australian Workers’ Union 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 these organisations.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 July 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Manildra Stockfeeds Manufacturing Pty Ltd and the New South Wales Sugar Milling Co-operative Ltd, trading as Manildra Hardwood Sugars, concerning the application for approval of the Sunshine Sugar Enterprise Agreement 2024. The dispute centred around the terms and conditions outlined in the proposed enterprise agreement, with the Fair Work Commission tasked with determining whether the agreement met the legal requirements under the Fair Work Act 2009. The Commission had to consider various factors, including the fairness of the agreement, whether it complied with relevant provisions of the Act, and whether it appropriately addressed the interests of both employers and employees.

The central legal issues before the Commission were whether the proposed agreement was a "genuine" enterprise agreement as defined by the Fair Work Act 2009, and if it met the criteria for approval under section 233 of the Act. The Commission had to examine the negotiation process, the content of the agreement, and its implications for the employees and employers involved. It also needed to ensure that the agreement did not unfairly disadvantage any party and that it adhered to the procedural requirements established by the Fair Work Act.

In delivering its decision, the Commission thoroughly reviewed the negotiation process and found that the agreement was indeed a genuine enterprise agreement. The Commission determined that the agreement was fair and balanced, addressing the interests of both the employees and the employers. It satisfied all legal requirements and appropriately considered the economic and social implications of the agreement. The Commission approved the Sunshine Sugar Enterprise Agreement 2024, finding that it met the necessary standards for fairness and compliance under the Fair Work Act 2009. The decision provided clarity on the terms and conditions set out in the agreement, allowing both parties to proceed with confidence.

The Fair Work Commission approved the Sunshine Sugar Enterprise Agreement 2024, finding it to be a genuine agreement that met the requirements of the Fair Work Act 2009. This decision provided the necessary legal endorsement for the terms and conditions outlined in the agreement, allowing the parties to implement the agreement with certainty. The Commission's ruling underscored the importance of balancing the interests of employers and employees while ensuring compliance with legislative standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established