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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application for the approval of the Tully Sugar Limited Enterprise Agreement 2015, involving Tully Sugar Limited and the Queensland Workers' Union. The agreement was a result of negotiations between the employer and the union, aiming to regulate the employment terms and conditions of the workers. The primary dispute centred around the validity and fairness of the proposed agreement under the Fair Work Act 2009.

The central legal issues the Commission had to address were whether the agreement met the statutory requirements for approval under the Act, including the provisions related to procedural fairness, coverage, and the substantive terms of the agreement. The Commission also needed to consider whether the agreement adequately covered the employees' rights, entitlements, and obligations in line with the relevant industrial instruments and legislative standards.

After a thorough examination of the evidence and arguments presented by both parties, the Commission concluded that the agreement complied with the statutory criteria for approval. The Commission found that the agreement had been negotiated in good faith, was comprehensive in its coverage, and contained terms and conditions that were fair and reasonable. The Commission also noted that the agreement provided for appropriate mechanisms to address any future disputes or changes in the industrial environment. Consequently, the Commission approved the agreement, subject to its registration with the Registrar of the Fair Work Commission.

The final orders of the Commission included the approval of the agreement, subject to its registration, and mandated that the agreement be registered by the parties within the specified timeframe. The approval signified that the agreement would become a legally binding enterprise agreement under the Act, governing the employment terms and conditions of the workers at Tully Sugar Limited.

Tully Sugar Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established