Wilmar Sugar Pty Ltd

[2013] FWCA 3488

FAIR WORK COMMISSION

DECISION

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

Wilmar Sugar Pty Ltd
(AG2013/6661)

SUCROGEN ENTERPRISE AGREEMENT 2013 (PROSERPINE MILL)

Sugar industry
COMMISSIONER SPENCER	BRISBANE, 3 JUNE 2013

Application for approval of the Sucrogen Enterprise Agreement 2013 (Proserpine Mill).

[1] An application has been made for approval of an enterprise agreement known as the Sucrogen Enterprise Agreement 2013 (Proserpine Mill) (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 following Unions being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them:

● The Australian Workers’ Union of Employees, Queensland; and
● Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; and
● “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU).

[3] In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 June 2013. The nominal expiry date of the Agreement is 1 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Wilmar Sugar Pty Ltd sought approval for the Sucrogen Enterprise Agreement 2013 (Proserpine Mill). The dispute involved the terms and conditions of employment for the employees of the Proserpine Mill, which were to be governed by this enterprise agreement. The Commission was tasked with determining whether the agreement met the necessary standards and requirements set out by the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for minimum terms and conditions that met the requirements of the Fair Work Act, and whether it was appropriately certified as a single interest employer agreement. The Commission had to consider if the agreement was made in good faith, if it covered all employees of the Proserpine Mill, and if it contained the necessary provisions for minimum terms and conditions of employment.

The Commission found that the agreement was made in good faith and that it covered all employees of the Proserpine Mill. It further found that the agreement contained all the minimum terms and conditions required by the Fair Work Act. The Commission was satisfied that the agreement was a single interest employer agreement and approved it on those grounds. The Commission did not accept the argument that the agreement did not appropriately cover all employees, and it was satisfied that the agreement met the necessary standards.

The Fair Work Commission approved the Sucrogen Enterprise Agreement 2013 (Proserpine Mill) as a single interest employer agreement. The agreement was found to provide for the minimum terms and conditions of employment, and it was made in good faith. The Commission was satisfied that the agreement was appropriately certified and that it covered all employees of the Proserpine Mill.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established