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

[2024] FWCA 4463

[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

1. 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.

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

1. 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.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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

<AE527219  PR782407>