Wilmar Sugar Pty Ltd T/A Wilmar Sugar Summary

[2022] FWCA 618

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Wilmar Sugar Pty Ltd T/A Wilmar Sugar

(AG2022/51)

Yarraville Bioethanol Site Enterprise Agreement 2021

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 FEBRUARY 2022

Application for variation of the Yarraville Bioethanol Site Enterprise Agreement 2021

An application has been made for approval of a variation to the Yarraville Bioethanol Site Enterprise Agreement 2021 (the Agreement). The application was made by Wilmar Sugar Pty Ltd T/A Wilmar Sugar pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary a clause of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 23 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Wilmar Sugar, sought variation of the Yarraville Bioethanol Site Enterprise Agreement 2021. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), opposed the application. The dispute was heard in the Fair Work Commission (FWC). The applicant aimed to modify several provisions of the existing enterprise agreement to allow for greater flexibility in workforce management, including changes to rostering, overtime, and shift patterns. The CFMEU argued that these changes would negatively impact the employees' work-life balance and overall job security.

The FWC examined whether the proposed changes were in the interests of the employees and whether they complied with the relevant provisions of the Fair Work Act 2009. The Commission considered the impact of the changes on employee conditions, the fairness of the application, and the overall balance of the agreement. The FWC determined that the proposed changes were reasonable and necessary to improve operational efficiency while maintaining a fair balance between the employer's needs and the employees' rights. The Commission found that the changes did not significantly detract from the employees' conditions and were justified under the circumstances.

As a result, the FWC approved the variation of the Yarraville Bioethanol Site Enterprise Agreement 2021, allowing the applicant to implement the proposed changes. The decision was based on the evidence presented and the Commission's assessment of the fairness and reasonableness of the changes. The final orders were issued, confirming the approved variations to the enterprise agreement.

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