MSF Sugar Limited T/A Mulgrave Central Mill

[2016] FWCA 7308

[2016] FWCA 7308

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MSF Sugar Limited T/A Mulgrave Central Mill
(AG2016/5450)

THE MULGRAVE CENTRAL MILL CO. LTD ENTERPRISE AGREEMENT NUMBER 10

Sugar industry
COMMISSIONER LEE	MELBOURNE, 12 OCTOBER 2016

Application for approval of The Mulgrave Central Mill Co. Ltd Enterprise Agreement Number 10.

[1] An application has been made for approval of an enterprise agreement known as The Mulgrave Central Mill Co. Ltd Enterprise Agreement Number 10 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MSF Sugar Limited T/A Mulgrave Central Mill. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 October 2016. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

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<Price code J, AE421608  PR586336>

Annexure A