DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wilmar Sugar Pty Ltd
(AG2018/7040)

WILMAR ENTERPRISE AGREEMENT 2018

Sugar industry
COMMISSIONER BISSETT	MELBOURNE, 14 MARCH 2019

Application for approval of the Wilmar Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Wilmar Enterprise Agreement 2018 (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 Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] 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, 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) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 March 2019. The nominal expiry date of the Agreement is 1 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wilmar Sugar Pty Ltd was the subject of an application brought before the Fair Work Commission, where the central issue was the approval of the Wilmar Enterprise Agreement 2018. This agreement was proposed by the employer to establish terms and conditions for the employees working at Wilmar's sugar refineries. The application required the Commission to determine whether the agreement met the necessary statutory criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission involved assessing the fairness and compliance of the proposed agreement with the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for a minimum rate of pay and entitlements that met or exceeded the relevant award or registered agreement standards. Additionally, the Commission examined whether the agreement included appropriate mechanisms for the resolution of workplace disputes and if it allowed for genuine bargaining between the parties.

In reaching its decision, the Commission thoroughly examined the provisions of the agreement and the submissions from both parties. The Commission concluded that the Wilmar Enterprise Agreement 2018 did meet the statutory requirements for approval. It was found to establish fair terms and conditions of employment, including adequate pay rates and entitlements, and provided effective dispute resolution mechanisms. The Commission also noted the evidence of genuine bargaining efforts by both parties during the negotiation process.

The Fair Work Commission approved the Wilmar Enterprise Agreement 2018, confirming its compliance with the relevant statutory provisions. This decision ensures that the terms and conditions set out in the agreement will govern the employment relationship between Wilmar Sugar Pty Ltd and its employees, subject to any future variations or amendments.

Wilmar Sugar Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established