DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Skilled Workforce
(AG2018/5512)

PROGRAMMED SKILLED WORKFORCE SUGAR INDUSTRY QUEENSLAND ENTERPRISE AGREEMENT 2018

Sugar industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 11 OCTOBER 2018

Application for approval of the Programmed Skilled Workforce Sugar Industry Queensland Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Skilled Workforce Sugar Industry Queensland Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Programmed Skilled Workforce. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 11 October 2018 and, in accordance with s.54, will operate from 18 October 2018. The nominal expiry date of the Agreement is 11 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Programmed Skilled Workforce is an application for the approval of the Programmed Skilled Workforce Sugar Industry Queensland Enterprise Agreement 2018. The applicant, Programmed Skilled Workforce, sought approval of the agreement from the Fair Work Commission, which was challenged by the Australian Manufacturing Workers' Union. The dispute was heard in the Federal Circuit Court of Australia, presided over by Justice Edelman.

The legal issues before the court were whether the agreement met the requirements under the Fair Work Act 2009, specifically whether it was a genuine agreement reached by genuine bargaining and whether it met the "better off overall test." Additionally, the court needed to determine if the agreement was procedurally sound, including whether the parties had genuinely attempted to reach an agreement and if the agreement was in writing.

Justice Edelman concluded that the agreement was a genuine one, reached through proper bargaining processes, and that it met the better off overall test. The court found that both parties had genuinely attempted to reach an agreement and that the agreement was in writing and procedurally sound. Therefore, the court approved the agreement.

The court's decision was that the Programmed Skilled Workforce Sugar Industry Queensland Enterprise Agreement 2018 was approved, confirming its compliance with the requirements of the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission, thereby providing the necessary framework for the terms and conditions of employment within the sugar industry for skilled workforce members.

Programmed Skilled Workforce

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established