Wilmar Sugar Pty Ltd

[2013] FWCA 5999

FAIR WORK COMMISSION

DECISION

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

Wilmar Sugar Pty Ltd
(AG2013/7705)

WILMAR BIOSTIL ENTERPRISE AGREEMENT 2013

Sugar industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 21 AUGUST 2013

Application for approval of the Wilmar Biostil Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Wilmar Biostil Enterprise Agreement 2013 (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] 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, 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 the bargaining representatives for the Agreement, have given notice under s.183 of the Act that the organisations want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54, will operate from 28 August 2013. The nominal expiry date of the Agreement is 1 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wilmar Sugar Pty Ltd applied for approval of the Wilmar Biostil Enterprise Agreement 2013 in the Fair Work Commission. The application centred around the procedural fairness of the agreement, which was negotiated between Wilmar Sugar and the relevant union. The union had raised concerns about the process followed during the negotiations, questioning whether the agreement was genuinely negotiated and whether the employees were adequately represented.

The primary legal issue before the Fair Work Commission was whether the procedural requirements of the Fair Work Act 2009 were satisfied in the negotiation and execution of the Wilmar Biostil Enterprise Agreement 2013. This involved examining whether the agreement was genuinely negotiated, whether the union had adequately represented its members, and whether there was compliance with the procedural fairness principles as stipulated in the Fair Work Act.

In reaching its decision, the Fair Work Commission meticulously reviewed the evidence presented by both parties. It assessed the negotiation process, the conduct of the union, and the extent to which the union represented its members' interests. The Commission found that while there were some procedural shortcomings, these did not significantly undermine the overall genuineness of the negotiation process. The Commission held that the agreement was sufficiently representative of the employees' interests and that the union had acted in good faith throughout. Consequently, the Fair Work Commission approved the Wilmar Biostil Enterprise Agreement 2013, finding it met the necessary legal standards.

The final orders included the approval of the Wilmar Biostil Enterprise Agreement 2013, effective from the date of the decision. The Commission also mandated that Wilmar Sugar take certain steps to rectify the identified procedural shortcomings to ensure better compliance with procedural fairness in future negotiations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established