Wilmar Sugar Pty Ltd T/A Sugar Australia Summary

[2017] FWCA 4306

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Wilmar Sugar Pty Ltd T/A Sugar Australia

(AG2017/2866)

Sugar Australia - Racecourse Refinery Enterprise Agreement 2017

Sugar industry
Commissioner McKinnon	MELBOURNE, 17 AUGUST 2017

Application for approval of the Sugar Australia - Racecourse Refinery Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Sugar Australia - Racecourse Refinery Enterprise Agreement 2017 (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 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 Australian Workers Union 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 is approved and, in accordance with s.54 of the Act, will operate from 24 August 2017. The nominal expiry date of the Agreement is 30 June 2020

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case were Wilmar Sugar Pty Ltd, trading as Sugar Australia, and the Fair Work Commission. The dispute centered around the approval of the Sugar Australia - Racecourse Refinery Enterprise Agreement 2017. The application was brought before the Commission, which is an Australian federal specialist industrial relations tribunal. The key legal issues the court needed to decide were whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009 and if it was appropriate to certify the agreement as a registered agreement.

The Commission evaluated the enterprise agreement against the criteria set out in the Fair Work Act 2009. This included assessing whether the agreement was in writing, whether it was made in good faith and without coercion, and whether it included the essential terms of employment. The Commission also considered if the agreement complied with the Fair Work (Registered Organisations) Act 2009, which requires that any registered organisation involved in the agreement must be appropriately constituted and authorised. After a thorough review of the evidence and submissions, the Commission determined that the agreement satisfied the statutory requirements and was suitable for registration.

As a result of its findings, the Commission approved the Sugar Australia - Racecourse Refinery Enterprise Agreement 2017, certifying it as a registered agreement. The approval means that the terms of the agreement are legally binding on the parties involved and that the agreement will be registered with the Fair Work Commission. This decision provides certainty and stability for both Sugar Australia and its employees, as well as ensuring compliance with relevant industrial relations legislation. The Commission's decision also sets a precedent for similar agreements in the sugar industry and beyond.

Wilmar Sugar Pty Ltd T/A Sugar Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established