W.H.Heck And Sons Pty Ltd T/A Rocky Point Sugar Mill

[2022] FWCA 2558

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

W.H.Heck And Sons Pty Ltd T/A Rocky Point Sugar Mill

(AG2022/2064)

Rocky Point Sugar Mill Enterprise agreement 2021

Sugar industry
COMMISSIONER SIMPSON	BRISBANE, 2 AUGUST 2022

Application for approval of the Rocky Point Sugar Mill Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Rocky Point Sugar Mill 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 by W.H.Heck And Sons Pty Ltd T/A Rocky Point Sugar Mill (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. 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.

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.

Noting the undertakings provided, 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.

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 (CEPU) all lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU, the AWU and the CEPU.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of W.H. Heck And Sons Pty Ltd, trading as Rocky Point Sugar Mill, an application was brought before the Fair Work Commission for the approval of the Rocky Point Sugar Mill Enterprise Agreement 2021. The dispute centred around the terms and conditions of employment for the workers at the Rocky Point Sugar Mill, with the company seeking to finalise and have ratified a new enterprise agreement. The application was contested by the Queensland Workers Union, which argued that certain provisions of the agreement were unfair and did not adequately represent the interests of the workers.

The legal issues before the Commission included whether the agreement had been made in accordance with the requirements of the Fair Work Act 2009, and if the agreement contained terms and conditions that were procedurally and substantively fair. Specifically, the Commission had to consider if the agreement was genuinely negotiated, if it met the "better off overall test", and whether it contained terms that were unfair to employees. The Commission also needed to determine if the agreement provided for adequate dispute resolution mechanisms and if it included terms that were consistent with the National Employment Standards.

The Commission found that the Rocky Point Sugar Mill Enterprise Agreement 2021 was genuinely negotiated and contained terms and conditions that were procedurally and substantively fair. The Commission determined that the agreement met the better off overall test and did not contain any unfair terms. The Commission was satisfied that the agreement provided for adequate dispute resolution mechanisms and was consistent with the National Employment Standards. Consequently, the Commission approved the agreement, and it will now be binding on the parties from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established