DECISION

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

NL Consulting Services Pty Ltd T/A Workplace Solutions
(AG2021/6353)

FNM MOSSMAN SUGAR MILL ENTERPRISE AGREEMENT 2021 - 2024

Agricultural industry
COMMISSIONER SPENCER	BRISBANE, 30 JULY 2021

Application for approval of the FNM Mossman Sugar Mill Enterprise Agreement 2021 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the FNM Mossman Sugar Mill Enterprise Agreement 2021 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NL Consulting Services Pty Ltd T/A Workplace Solutions (the Applicant). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

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

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 August 2021. The nominal expiry date of the Agreement is 31 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

NL Consulting Services Pty Ltd T/A Workplace Solutions, an employer, applied for the approval of the FNM Mossman Sugar Mill Enterprise Agreement 2021-2024. The application was heard in the Fair Work Commission, a tribunal established under the Fair Work Act 2009 to resolve workplace disputes. The application was opposed by several unions representing the employees at the Mossman Sugar Mill.

The legal issues before the Commission included whether the proposed agreement met the requirements of the Fair Work Act, including that it provided for the fair and reasonable terms and conditions of employment, and whether the agreement had been genuinely agreed upon by the parties. The Commission had to consider the provisions of the proposed agreement, the submissions from both parties, and the relevant legislation.

The Fair Work Commission found that the proposed agreement was fair and reasonable, and had been genuinely agreed upon by the parties. The Commission noted that the agreement provided for a number of protections for employees, including minimum wage rates, leave entitlements, and dispute resolution mechanisms. The Commission also found that the agreement had been negotiated in good faith and that the parties had made a genuine attempt to reach an agreement. The application was therefore approved, and the FNM Mossman Sugar Mill Enterprise Agreement 2021-2024 was registered with the Fair Work Commission.

NL Consulting Services Pty Ltd T/A Workplace Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established