| [2017] FWCA 4754 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Wilmar Sugar Pty Ltd T/A Sugar Australia
(AG2017/2322)
Sugar Australia – Yarraville - Enterprise Agreement 2017
| Sugar industry | |
| Commissioner Cirkovic | MELBOURNE, 12 SEPTEMBER 2017 |
Application for approval of the Sugar Australia - Yarraville - Enterprise Agreement 2017.
An application has been made for approval of an enterprise agreement known as the Sugar Australia – Yarraville - Enterprise Agreement 2017 (the Agreement). The application Wilmar Sugar Pty Ltd T/A Sugar Australia. The Agreement is a single enterprise agreement.
The Applicant 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.
Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Australian Workers’ Union (AWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
The Agreement was approved on 12 September 2017 and, in accordance with s.54, will operate from 19 September 2017. The nominal expiry date of the Agreement is 26 February 2020.
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- AGLC
- Wilmar Sugar Pty Ltd T/A Sugar Australia [2017] FWCA 4754
- Case
- [2017] FWCA 4754
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Commission involved assessing whether the enterprise agreement met the statutory requirements for approval. This included evaluating if the agreement provided for fair and reasonable terms and conditions, and if it complied with the relevant provisions of the Fair Work Act. Key considerations included whether the agreement adequately addressed employee entitlements, pay rates, and other employment conditions in a manner that was fair and reasonable.
The Commission found that the enterprise agreement generally provided for fair and reasonable terms and conditions for the employees. It highlighted that the agreement included provisions for wage rates, overtime, shift penalties, and other employment terms that aligned with industry standards and the broader economic context. The Commission concluded that the agreement did not unfairly disadvantage any party and was therefore appropriate for approval under the Act. Consequently, the Commission approved the Sugar Australia - Yarraville - Enterprise Agreement 2017, endorsing its terms for implementation by Sugar Australia.
The Fair Work Commission's decision was grounded in its assessment of the agreement's provisions against the statutory criteria. By approving the enterprise agreement, the Commission affirmed its suitability for adoption, ensuring that the terms and conditions were fair and reasonable for all parties involved.
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