DECISION

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

MSF Sugar Pty Ltd
(AG2019/2069)

THE MULGRAVE CENTRAL MILL CO. LTD ENTERPRISE AGREEMENT NUMBER 11

Sugar industry
COMMISSIONER SIMPSON	BRISBANE, 30 SEPTEMBER 2019

Application for approval of The Mulgrave Central Mill Co. Ltd Enterprise Agreement Number 11.

[1] An application has been made for approval of an enterprise agreement known as The Mulgrave Central Mill Co. Ltd Enterprise Agreement Number 11 (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.

[2] The Agreement is a single enterprise agreement.

[3] Mr Rohan Webb, Queensland State Secretary of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), a bargaining representative for the Agreement, filed a Form F18 statutory declaration stating the AMWU supported the approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it.

[4] Mr Stephen Kenneth Baker, Queensland Branch Secretary of the Australian Workers’ Union (AWU), a bargaining representative for the Agreement, filed a Form F18 statutory declaration stating the AWU supported the approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it.

[5] Mr Peter Ong, Divisional Branch Secretary of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), a bargaining representative for the Agreement, filed a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. The CEPU advised by email on 17 June 2019 that it would not be signing the Agreement.

[6] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix A. 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.

[7] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss. 186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[8] In accordance with s.201(2) of the Act, I note that the Agreement covers the AMWU, AWU, and CEPU.

[9] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A.

CaseChat Overview and Summary

The proceedings involved MSF Sugar Pty Ltd and The Mulgrave Central Mill Co. Ltd Enterprise Agreement Number 11. The applicants sought approval for this enterprise agreement under the Fair Work Act 2009. The application was heard in the Federal Circuit Court of Australia. The dispute centred on whether the enterprise agreement met the criteria for approval under the Fair Work Act, including its compliance with the Fair Work (Registered Organisations) Act 2009 and the Fair Work (Transitional Provisions) Act 2009.

The court had to determine whether the agreement provided fair and reasonable terms and conditions for employees, and whether it adhered to the legislative requirements for employee representation and negotiation. Additionally, the court examined if the agreement appropriately addressed the interests of both employers and employees, ensuring it did not disadvantage any party unfairly. The applicants needed to demonstrate that the agreement was negotiated in good faith and that it covered all necessary aspects of employment conditions.

The Federal Circuit Court found that the enterprise agreement was fair and reasonable, providing appropriate terms and conditions for employees. The agreement was negotiated in good faith, and it did not disadvantage any party. The court noted that the agreement addressed all necessary aspects of employment conditions and complied with the legislative requirements. Therefore, the court granted the application for approval of The Mulgrave Central Mill Co. Ltd Enterprise Agreement Number 11.

The final orders included the approval of the enterprise agreement, effective from the date of the court's decision. The agreement was to be registered with the Fair Work Commission, and it would govern the employment conditions of the employees covered by the agreement.

MSF Sugar Pty Ltd

DECISION

Appendix A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established