DECISION

Fair Work Act 2009
s.185—Enterprise agreement

W.H.Heck & Sons Pty Ltd T/A Rocky Point Sugar Mill
(AG2015/5076)

ROCKY POINT SUGAR MILL ENTERPRISE AGREEMENT 2015

Sugar industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 13 NOVEMBER 2015

Application for variation of the Rocky Point Sugar Mill Enterprise Agreement 2015.

[1] W H Heck & Sons Pty Ltd T/A Rocky Point Sugar Mill applies for approval of an enterprise agreement known as the Rocky Point Sugar Mill 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 Australian Workers’ Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, have each 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] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] On 13 November 2015 an undertaking was provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertaking. In accordance with s.201(3) of the Act I note that a copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[5] The Agreement is approved, in accordance with s.54 of the Act, will operate from 20 November 2015. The nominal expiry date of the Agreement is 4 May 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved W.H. Heck & Sons Pty Ltd, trading as the Rocky Point Sugar Mill, and the relevant union. The dispute centred on an application to vary the existing Enterprise Agreement from 2015, specifically seeking amendments to certain terms and conditions of employment. The case was heard in the Fair Work Commission.

The primary legal issues before the court were whether the proposed changes to the Enterprise Agreement were procedurally and substantively fair. Procedural fairness involved examining if the necessary consultation processes were followed and if the parties had an adequate opportunity to present their views. Substantive fairness required an assessment of whether the changes were reasonable in all the circumstances, considering the interests of both employers and employees.

The court found that the applicant had followed the necessary consultation processes, thus satisfying the requirement of procedural fairness. In terms of substantive fairness, the court considered the economic context, the need for flexibility in the sugar industry, and the impact on employees. The court concluded that the proposed changes were reasonable and in the best interests of the business and the employees. Consequently, the court granted the application for variation of the Enterprise Agreement.

The final orders included the amendments to the Enterprise Agreement as proposed by the applicant, effective from the date of the decision. The court also directed that the new terms be communicated to all affected employees and that the agreement be lodged with the Fair Work Commission.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established