MSF Sugar Pty Ltd

[2019] FWCA 7806

[2019] FWCA 7806

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MSF Sugar Pty Ltd
(AG2019/2155)

MSF SUGAR MARYBOROUGH FARMS ENTERPRISE AGREEMENT 2019

Sugar industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 14 NOVEMBER 2019

Application for approval of the MSF Sugar Maryborough Farms Enterprise Agreement 2019.

[1] MSF Sugar Pty Ltd (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the MSF Sugar Maryborough Farms Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses and whether the Agreement passes the better off overall test. Pursuant to s.190 of the Act, I accept the Applicant's undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[3] It is noted that clause 1.2 of the Agreement states the Agreement will operate from the date it is lodged with the Fair Work Commission. This is inconsistent with s.54 of the Act which states that an enterprise agreement approved by the Commission operates from 7 days after the agreement is approved, or if a later day is specified in the agreement, that later day. Accordingly, the Agreement will operate 7 days from the date of this decision.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given 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 that organisation.

[5] I am satisfied that each of the requirements of ss.l86, 187 and 188 as are relevant to this application for approval have been met.

[6] The Agreement is approved in accordance with s.54 of the Act and will operate from 21 November 2019. The nominal expiry date of the Agreement is 30 April 2021.

DEPUTY PRESIDENT

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