MSF Sugar Pty Ltd T/A Maryborough Sugar Factory

[2017] FWCA 6422

[2017] FWCA 6422

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

MSF Sugar Pty Ltd T/A Maryborough Sugar Factory

(AG2017/3541)

MSF Sugar Pty Ltd Trading as Maryborough Sugar Factory, Sugar Milling Enterprise Agreement Number 10, 2017

Sugar industry
Commissioner McKinnon	MELBOURNE, 4 DECEMBER 2017

Application for approval of the MSF Sugar Pty Ltd Trading as Maryborough Sugar Factory, Sugar Milling Enterprise Agreement Number 10, 2017.

1. An application has been made for approval of an enterprise agreement known as the MSF Sugar Pty Ltd Trading as Maryborough Sugar Factory, Sugar Milling Enterprise Agreement Number 10, 2017 (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 T/A Maryborough Sugar Factory. The Agreement is a single enterprise agreement.

1. The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure 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.

1. 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.

1. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Australian Workers’ Union and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 organisations.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 December 2017. The nominal expiry date of the Agreement is 30 April 2020.

COMMISSIONER

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Annexure A