Wilmar Sugar Australia Summary

[2014] FWCA 4747

FAIR WORK COMMISSION

DECISION

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

Wilmar Sugar Australia
(AG2014/1610)

SUGAR AUSTRALIA - RACECOURSE REFINERY ENTERPRISE AGREEMENT 2014

Sugar industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 16 JULY 2014

Application for approval of the Sugar Australia - Racecourse Refinery Enterprise Agreement 2014.

[1] Wilmar Sugar Australia applies for approval of an enterprise agreement known as the Sugar Australia - Racecourse Refinery Enterprise Agreement 2014 (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] 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.

[3] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that the organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 23 July 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wilmar Sugar Australia Pty Ltd applied to the Fair Work Commission for approval of the Sugar Australia - Racecourse Refinery Enterprise Agreement 2014. The application was made by Wilmar Sugar Australia, which is a sugar manufacturer, and the application sought approval of an enterprise agreement which was negotiated between the company and the Australian Manufacturing Workers' Union. The Commission was required to determine whether the agreement was appropriately negotiated and whether it contained the necessary provisions to be considered a safety net agreement.

The legal issues before the Commission were whether the agreement was genuinely negotiated, whether it contained all the required provisions, and whether it was a safety net agreement. The Commission considered whether the agreement met the requirements of the Fair Work Act 2009, including the provisions for genuine bargaining and the safety net provisions. The Commission also considered whether the agreement contained the necessary terms and conditions of employment, and whether it provided for appropriate dispute resolution mechanisms.

The Commission found that the agreement was genuinely negotiated and contained all the necessary provisions to be considered a safety net agreement. The Commission found that the agreement met the requirements of the Fair Work Act 2009, including the provisions for genuine bargaining and the safety net provisions. The Commission also found that the agreement contained the necessary terms and conditions of employment, and provided for appropriate dispute resolution mechanisms. The Commission approved the agreement and registered it as a registered agreement.

The Fair Work Commission approved the Sugar Australia - Racecourse Refinery Enterprise Agreement 2014 and registered it as a registered agreement. The Commission found that the agreement was genuinely negotiated, contained all the necessary provisions, and was a safety net agreement. The Commission considered the evidence presented by both parties and found that the agreement met the requirements of the Fair Work Act 2009. The approval of the agreement provides certainty for both the employer and employees, and ensures that the agreement is compliant with the relevant legislation.

Wilmar Sugar Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established