Wilmar Sugar Pty Limited T/A Wilmar Sugar

[2021] FWCA 3319

[2021] FWCA 3319

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wilmar Sugar Pty Limited T/A Wilmar Sugar
(AG2021/5229)

WILMAR ENTERPRISE AGREEMENT 2020

Sugar industry
COMMISSIONER SIMPSON	BRISBANE, 9 JUNE 2021

Application for approval of the Wilmar Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Wilmar Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wilmar Sugar Pty Limited T/A Wilmar Sugar (the Applicant). The Agreement is a single enterprise agreement.

[1] 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.

[2] 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.

[3] Noting the undertakings provided by the Applicant, 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.

[4] The Australian Workers’ Union (AWU), Australian Manufacturing Workers Union (AMWU) and Electrical, Energy and Services Division, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) each lodged a Form F18 supporting approval of the Agreement and giving 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, AMWU and the ETU.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE511778  PR730582>