MSF Sugar Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of MSF Sugar Pty Ltd, the applicant sought approval of the Enterprise Agreement number 12, which was proposed by The Mulgrave Central Mill Co. Ltd. The dispute was heard by the Fair Work Commission in Australia. The applicant aimed to have the proposed agreement approved, which would set the terms and conditions of employment for the employees of The Mulgrave Central Mill Co. Ltd.

The legal issues before the court involved whether the proposed Enterprise Agreement number 12 complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court needed to determine whether the agreement was made in good faith, whether it covered the appropriate employees, and whether it included the necessary minimum terms as required by the Act. Additionally, the court had to assess whether the agreement had been properly negotiated and if it was fair and reasonable.

The Fair Work Commission found that the proposed agreement was in compliance with the Fair Work Act 2009. The court concluded that the agreement was made in good faith and covered the appropriate employees. Furthermore, the court found that the agreement included all the necessary minimum terms and had been properly negotiated. The Commission was satisfied that the agreement was fair and reasonable, taking into account the specific circumstances of the employees and the employer. As a result, the court approved the Enterprise Agreement number 12, and it came into effect as of the date of the decision.

As a final order, the Fair Work Commission approved the Enterprise Agreement number 12 proposed by The Mulgrave Central Mill Co. Ltd, which will govern the terms and conditions of employment for the employees of the company.

MSF Sugar Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established