Wilmar Sugar Pty Ltd T/A Wilmar Sugar Summary

[2022] FWCA 516

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wilmar Sugar Pty Ltd T/A Wilmar Sugar

(AG2021/9292)

Yarraville Bioethanol Site Enterprise Agreement 2021

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 FEBRUARY 2022

Application for approval of the Yarraville Bioethanol Site Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the Yarraville Bioethanol Site Enterprise Agreement 2021 (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 Wilmar Sugar. The Agreement is a single enterprise agreement.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

I note that several clauses of the Agreement may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

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 22 February 2022. The nominal expiry date of the Agreement is 30 November 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wilmar Sugar Pty Ltd, trading as Wilmar Sugar, applied to the Fair Work Commission for the approval of the Yarraville Bioethanol Site Enterprise Agreement 2021. The agreement was negotiated with the Australian Manufacturing Workers' Union and covered the employees of Wilmar Sugar's Yarraville Bioethanol Site. The dispute centered on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the court were whether the enterprise agreement complied with the procedural and substantive requirements set out in the Act. Specifically, the court had to consider if the agreement was genuinely negotiated, covered employees in the relevant enterprise, and contained the necessary minimum terms as prescribed by the Act. The court also needed to determine if the agreement was made in good faith and if it was fair and reasonable.

The Fair Work Commission found that the enterprise agreement was genuinely negotiated and covered the employees of the relevant enterprise. The agreement contained all the necessary minimum terms and was made in good faith. The court concluded that the agreement was fair and reasonable, taking into account the nature of the enterprise, the interests of the employees and the employer, and the broader economic context. The court approved the enterprise agreement, and it came into effect on 1 July 2021.

Wilmar Sugar Pty Ltd T/A Wilmar Sugar

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established