DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Wilmar Sugar Australia T/A Sugar Australia
(AG2020/3229)

SUGAR AUSTRALIA - RACECOURSE REFINERY ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER HUNT	BRISBANE, 18 NOVEMBER 2020

Application for approval of the Sugar Australia - Racecourse Refinery Enterprise Agreement 2020.

[1] Wilmar Sugar Australia T/A Sugar Australia (the Employer) has applied for approval of an enterprise agreement known as the Sugar Australia - Racecourse Refinery Enterprise Agreement 2020 (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 Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Australian Workers' Union (the AWU) and the employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The AWU provided a response that it supported the matter being determined on the material before the Commission. No responses were received from the individual employee bargaining representatives.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The AWU being a bargaining representative for the Agreement have given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the AWU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment A

CaseChat Overview and Summary

In the Fair Work Commission, Wilmar Sugar Australia T/A Sugar Australia applied for the approval of the Sugar Australia - Racecourse Refinery Enterprise Agreement 2020. The application was made under section 234 of the Fair Work Act 2009. The primary concern was whether the agreement met the criteria for approval under the relevant legislation, including provisions ensuring that the agreement provides for fair and reasonable terms and conditions.

The legal issues before the Commission involved assessing whether the agreement provided for a fair and reasonable terms and conditions, and whether it complied with the requirements of the Fair Work Act. This included examining the procedural fairness of the bargaining process, the content of the agreement in relation to wages and conditions, and whether the agreement met the criteria for "single interest" bargaining.

The Commission found that the agreement was procedurally fair and was the product of genuine bargaining. It also noted that the agreement provided for fair and reasonable terms and conditions, taking into account the nature of the industry, the parties' bargaining positions, and the economic circumstances. The Commission concluded that the agreement met the criteria for approval under the Fair Work Act. The Commission approved the agreement and made the necessary orders to bring it into effect.

The Fair Work Commission's decision was that the Sugar Australia - Racecourse Refinery Enterprise Agreement 2020 was approved and met all the requirements of the Fair Work Act. The Commission's approval was based on the findings that the agreement was the product of genuine bargaining, provided for fair and reasonable terms and conditions, and complied with the relevant statutory provisions.

Wilmar Sugar Australia T/A Sugar Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established