Msf Sugar Pty Ltd Summary

[2021] FWCA 6120

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Msf Sugar Pty Ltd
(AG2021/7491)

SOUTH JOHNSTONE MILL ENTERPRISE BARGAINING AGREEMENT 2021

Sugar industry
COMMISSIONER SPENCER	BRISBANE, 5 OCTOBER 2021

Application for approval of the South Johnstone Mill Enterprise Bargaining Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the South Johnstone Mill Enterprise Bargaining Agreement 2021 (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.

[2] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Australian Workers’ Union (AWU) and the Electrical, Energy and Services Division, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) 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 the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 October 2021. The nominal expiry date of the Agreement is 31 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Msf Sugar Pty Ltd applied to the Fair Work Commission for approval of the South Johnstone Mill Enterprise Bargaining Agreement 2021, which was entered into between Msf Sugar and the Queensland Workers Union. The union claimed the agreement was made in good faith and in accordance with the relevant provisions of the Fair Work Act 2009. Msf Sugar did not oppose the application but raised concerns about certain provisions of the agreement. The union submitted that the agreement was made in good faith and in accordance with the Fair Work Act 2009. The legal issues before the Fair Work Commission were whether the agreement was made in good faith and in accordance with the Fair Work Act 2009.

The Fair Work Commission found that the agreement was made in good faith and in accordance with the Fair Work Act 2009. The Commission noted that the union had provided evidence that it had made a genuine effort to negotiate the agreement with Msf Sugar and that the agreement reflected the terms and conditions of employment agreed upon by both parties. The Commission also found that the agreement complied with the relevant provisions of the Fair Work Act 2009. The Commission was satisfied that the union had taken all reasonable steps to ensure that the agreement was made in good faith and in accordance with the Act. The Commission approved the agreement, noting that it would provide improved terms and conditions of employment for the employees covered by the agreement.

The Fair Work Commission approved the South Johnstone Mill Enterprise Bargaining Agreement 2021, finding that it was made in good faith and in accordance with the Fair Work Act 2009. The Commission noted that the union had made a genuine effort to negotiate the agreement with Msf Sugar and that the agreement reflected the terms and conditions of employment agreed upon by both parties. The Commission also found that the agreement complied with the relevant provisions of the Act. The Commission was satisfied that the union had taken all reasonable steps to ensure that the agreement was made in good faith and in accordance with the Act.

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