DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tully Sugar Limited
(AG2021/6519)

TULLY SUGAR LIMITED ENTERPRISE AGREEMENT 2021

Sugar industry
COMMISSIONER SIMPSON	BRISBANE, 24 AUGUST 2021

Application for approval of the Tully Sugar Limited Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Tully Sugar Limited Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made Tully Sugar Limited. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] Noting clause 2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Australian Workers’ Union (AWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU), each lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that they want the Agreement to cover them.

[6] In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU, the AWU and the ETU.

[7] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tully Sugar Limited recently sought approval of an enterprise agreement from the Fair Work Commission. The agreement was intended to govern the terms and conditions of employment for its workers. The nature of the dispute was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. The court had to determine if the agreement met the statutory requirements for approval, including whether it provided for minimum rates of pay, notice of termination, and other essential terms and conditions.

The primary legal issue was whether the proposed agreement complied with the Fair Work Act 2009, specifically sections 233 and 234, which deal with the content and process for approving enterprise agreements. The court had to consider whether the agreement was made in good faith and whether it provided for the proper minimum terms and conditions as required by the legislation. Furthermore, the court assessed whether the agreement was fair and whether it had been properly registered and lodged with the Commission.

The Fair Work Commission found that the proposed enterprise agreement complied with the statutory requirements. The agreement contained all the necessary minimum terms and conditions, including provisions for minimum rates of pay, leave entitlements, and other essential conditions. The Commission was satisfied that the agreement had been made in good faith and that it was fair and reasonable. The Commission approved the agreement, highlighting that it provided for the protection of workers' rights and interests while also allowing for flexibility in the operation of the business. This decision underscores the importance of ensuring that enterprise agreements meet the statutory requirements to be approved.

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