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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

MSF Sugar Pty Ltd was the applicant before the Fair Work Commission seeking approval of the MSF Sugar Maryborough Farms Enterprise Agreement 2019. The dispute centred around the negotiation and terms of this enterprise agreement, which was intended to govern the employment conditions of workers at the Maryborough sugar farms operated by MSF Sugar. The Commission, led by Commissioner Del dotto, was tasked with assessing whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issue was whether the enterprise agreement complied with the statutory provisions of the Fair Work Act. Specifically, the Commission needed to determine if the agreement was "certified" under the Act, meaning it was free from prohibited content and was the product of genuine bargaining between the employer and employees. The Commission had to review the negotiation process, the terms of the agreement, and whether it provided for fair and reasonable conditions for the employees.

The Commission found that the agreement was the result of genuine and meaningful bargaining between the parties, and it did not contain any prohibited content. The negotiation process was deemed fair, and the terms of the agreement were considered to be reasonable and reflective of the needs of the employees. Consequently, the Commission approved the enterprise agreement, confirming that it met the necessary statutory criteria.

The Fair Work Commission approved the MSF Sugar Maryborough Farms Enterprise Agreement 2019, recognising it as a valid and certified enterprise agreement under the Fair Work Act. This decision allowed the agreement to come into effect, governing the employment conditions of the workers at the Maryborough sugar farms. The Commission's approval ensured that the agreement would provide fair and reasonable terms for the employees while meeting the legal requirements set out in the Act.

MSF Sugar Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established