Wilmar Sugar Pty Ltd

[2024] FWCA 550

[2024] FWCA 550

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wilmar Sugar Pty Ltd

(AG2023/5555)

SUGAR AUSTRALIA MACKAY PORT TERMINAL ENTERPRISE AGREEMENT 2023

Sugar industry
COMMISSIONER MATHESON	SYDNEY, 8 FEBRUARY 2024

Application for approval of the Sugar Australia Mackay Port Terminal Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Sugar Australia Mackay Port Terminal Enterprise Agreement 2023 (Agreement). The application was made by Wilmar Sugar Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

1. The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.

1. I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 4.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 (Cth) (Regulations) is taken to be a term of the Agreement.

1. On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

1. The Australian Workers’ Union, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and CSR, Holcim, Wilmar & Viridian Staff Association known as Salaried Staff United being bargaining representatives for the Agreement, have given 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 that the Agreement covers the organisations.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 February 2024. The nominal expiry date of the Agreement is 6 December 2027.

COMMISSIONER

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