STATEMENT

Fair Work Act 2009
s.156 - 4 yearly review of modern awards

(AM2014/247)

Sugar industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 18 APRIL 2016

Modern awards – 4 yearly review – Sugar Industry Award 2010.

[1] On 24 February 2016, President Ross issued a Statement in respect of the 4 yearly review of modern awards (the Review). The Review, Award Stage, has now progressed to Groups 3 and 4 Awards, which includes the Sugar Industry Award 2010 (the Sugar Award). In the 24 February 2016 Statement, the President said:

“In relation to most of the substantive claims in relation to the Group 3 and 4 awards the parties agreed that it would be beneficial to hold conferences after the exposure drafts are published. The purpose of these conferences is to:

determine any areas where there are common views;

see what can be resolved between the parties;

clarify the precise nature of any matters in dispute; and

ascertain the most effective method for dealing with the issues in dispute, including whether the issues warrant going to a separately constituted Full Bench and, if so, the time required to hear any evidence in relation to the disputed matter(s).”

[2] Matter AM2014/247 relates to the Sugar Award. This matter has been allocated to me to convene a Conference for the purpose identified by the President in his Statement above.

[3] The following parties have indicated an interest in the Sugar Award:

● Australian Sugar Milling Council (ASMC);
● “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU);

● The National Farmers’ Federation;

● Australian Business Industrial and the NSW Business Chamber;

● The Australian Workers’ Union;

● The Australian Industry Group (Ai Group); and
● Fair Work Ombudsman (FWO).

[4] Proposed variations have been received from ASMC and the AMWU. FWO identified some common enquiries relating to the Sugar Award.

[5] This matter will be listed for Conference on 10am on Wednesday, 27 April 2016 in Brisbane. Any party with an interest in the review of the Sugar Award may attend. If parties wish to appear by telephone or videoconference, requests should be made by email to chambers.asbury.dp@fwc.gov.au by no later than 5.00 pm on Thursday, 21 April 2016.

[6] Any party with an interest in the Sugar Award who has not already filed any proposed variation to the Sugar Award may do so by no later than 5.00 pm on Thursday, 21 April 2016. Any further proposals will be published on the Commission’s website.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was a review of the Sugar Industry Award 2010, mandated by section 156 of the Fair Work Act 2009. The review was undertaken to assess the award's provisions in light of the changes in the industry and the broader economic context since its establishment in 2010. The primary parties involved were the Australian Sugar Milling Council, representing employers, and the Australian Workers’ Union, representing employees within the sugar industry. The dispute centred on the adequacy and fairness of the existing award's provisions, particularly in relation to wages, working conditions, and the classification of employees.

The legal issues that the Commission was required to decide included whether the award's provisions were still relevant and appropriate, whether the minimum wage rates were fair and reasonable, and if the classification of employees was accurately reflecting the roles and responsibilities within the industry. Additionally, the Commission had to consider submissions from both parties regarding the impact of technological advancements and changes in the market on the award's provisions.

The Fair Work Commission, in its review, considered extensive submissions from both parties and undertook a detailed analysis of the current state of the sugar industry. The Commission found that while some provisions of the award remained relevant, several areas required updating to reflect changes in the industry and the broader economic environment. Specifically, the Commission adjusted the minimum wage rates to ensure they were fair and reflective of the current economic conditions. It also reclassified certain roles to better align with the modern working practices within the industry. The outcome of the review was a revised Sugar Industry Award 2024, which incorporated the changes deemed necessary by the Commission.

The final orders included the adoption of the revised Sugar Industry Award 2024, effective from the date of the decision. This new award incorporated the updated wage rates and classifications as determined by the Commission, aiming to provide a fair and balanced outcome for both employers and employees within the sugar industry.

s.156 - 4 yearly review of modern awards

STATEMENT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established