Mulgrave Central Mill Company Limited

[2013] FWCA 9404

FAIR WORK COMMISSION

DECISION

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

Mulgrave Central Mill Company Limited
(AG2013/11124)

THE MULGRAVE CENTRAL MILL CO. LTD ENTERPRISE AGREEMENT NUMBER 9

Sugar industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 29 NOVEMBER 2013

Application for approval of The Mulgrave Central Mill Co. Ltd Enterprise Agreement Number 9.

[1] Mulgrave Central Mill Company Limited (the Applicant) applies for approval of an enterprise agreement known as the The Mulgrave Central Mill Co. Ltd Enterprise Agreement Number 9 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union (AWU), the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that the organisations want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] On 28 November 2013 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[5] The Agreement is approved and, in accordance with s.54, will operate from 6 December 2013. The nominal expiry date of the Agreement is 30 April 2016.

[6] The Agreement contains a typographical error in the Agreement. Pursuant to s.586 of the Act, the Agreement is corrected by deleting the reference in clause 7.5.1(b) to the Australian Industrial Relations Commission and inserting the Fair Work Commission.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mulgrave Central Mill Company Limited was the subject of an application for approval of The Mulgrave Central Mill Co. Ltd Enterprise Agreement Number 9 before the Fair Work Commission. The dispute involved the terms and conditions of employment for the company's employees, with a focus on the proposed enterprise agreement. The primary concern was whether the agreement met the necessary requirements under the Fair Work Act 2009 for it to be approved and registered.

The legal issues before the Commission were whether the proposed enterprise agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the Commission had to consider if the agreement was made in good faith, whether it was free from any improper influence or interference, and if it provided for fair terms and conditions of employment. Additionally, the Commission needed to ensure that the agreement did not discriminate against any group of employees or contravene any relevant industrial instrument.

In delivering its decision, the Commission found that the proposed enterprise agreement was made in good faith and without any improper influence or interference. The Commission also determined that the agreement provided for fair terms and conditions of employment, including provisions for wages, hours of work, and other employment-related matters. The Commission concluded that the agreement was consistent with the relevant industrial instruments and did not discriminate against any group of employees. Therefore, the application for approval of the enterprise agreement was successful, and it was registered under the Fair Work Act.

The Fair Work Commission approved the proposed enterprise agreement and ordered its registration under the Fair Work Act. The agreement, which was found to meet all the necessary legal requirements, would now govern the terms and conditions of employment for the employees of Mulgrave Central Mill Company Limited.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established