MSF Sugar Pty Ltd
[2022] FWCA 2329
•13 JULY 2022
| [2022] FWCA 2329 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
MSF Sugar Pty Ltd
(AG2022/1881)
The Mulgrave Central Mill Co. Ltd Enterprise Agreement number 12
| Sugar industry | |
| COMMISSIONER SIMPSON | BRISBANE, 13 JULY 2022 |
Application for approval of The Mulgrave Central Mill Co. Ltd Enterprise Agreement number 12
An application has been made for approval of an enterprise agreement known as The Mulgrave Central Mill Co. Ltd Enterprise Agreement number 12 (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 Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Australian Workers’ Union (AWU), “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) all lodged a Form F18 statutory declaration supporting approval of the Agreement and giving 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 the AWU, AMWU and CEPU.
The Agreement is approved and will operate in accordance with s.54 of the Act.
COMMISSIONER
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