Tully Sugar Limited

[2015] FWCA 8884

[2015] FWCA 8884

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tully Sugar Limited
(AG2015/7449)

TULLY SUGAR LIMITED ENTERPRISE AGREEMENT 2015

Sugar industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 24 DECEMBER 2015

Application for approval of the Tully Sugar Limited Enterprise Agreement 2015.

[1] Tully Sugar Limited applies for approval of an enterprise agreement known as the Tully Sugar Limited Enterprise Agreement 2015 (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] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, The Australian Workers’ Union and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that these organisations want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[3] On 30 November 2015 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.

[4] As the consultation term does not meet the requirements of s.205 of the Act, 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 and operates in conjunction with the consultation term agreed by the parties (clauses 3 and 13 of the Agreement).

[5] 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.

[6] The Agreement is approved and, in accordance with s.54, will operate from 31 December 2015. The nominal expiry date of the Agreement is 31 March 2018.

DEPUTY PRESIDENT

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