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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application by MSF Sugar Limited trading as The Mulgrave Central Mill Co. Ltd to have an enterprise agreement approved. The applicant sought the approval of Enterprise Agreement Number 10 under the Fair Work Act 2009. The dispute arose as the Fair Work Commission had initially rejected the application for approval, and the company sought judicial review of that decision. The matter was heard in the Federal Circuit Court of Australia.

The central legal issue before the court was whether the Fair Work Commission had erred in law when it refused to approve the enterprise agreement. The applicant argued that the agreement was in compliance with the statutory requirements and that the commission's decision was not supported by the evidence. The company claimed that the commission had failed to consider certain provisions of the agreement and had made errors in its interpretation of the law. The applicant further contended that the agreement provided for appropriate terms and conditions of employment, including provisions for wages, hours of work, and other employment-related matters.

In delivering its judgment, the court considered the evidence and submissions presented by both parties. The court found that the Fair Work Commission had not erred in law and had correctly exercised its discretion in refusing to approve the enterprise agreement. The court held that the commission had considered all relevant factors and had provided sufficient reasons for its decision. The court also found that the agreement did not adequately address certain issues, including provisions relating to redundancy payments and the treatment of casual employees. The court concluded that the commission's decision was lawful and should be upheld. The application for judicial review was dismissed, and the enterprise agreement remains unapproved.

The court made no further orders in relation to the matter. The decision of the Fair Work Commission remains in place, and the enterprise agreement is not approved under the Fair Work Act 2009. The applicant may seek to negotiate a revised agreement with the relevant parties or pursue other avenues for resolving the dispute.

MSF Sugar Limited T/A Mulgrave Central Mill

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established