SUGAR AUSTRALIA - RACECOURSE REFINERY ENTERPRISE AGREEMENT 2025

Application for approval of the Sugar Australia - Racecourse Refinery Enterprise Agreement 2025

[1] Wilmar Sugar Pty Ltd trading as Sugar Australia ("the Employer") has applied for approval of an enterprise agreement known as Sugar Australia - Racecourse Refinery Enterprise Agreement 2025 ("the Agreement"). The Application was made under section 185 of the Fair Work Act 2009 ("the Fair Work Act"). The Agreement is a single enterprise agreement.

[2] The Commission has had the benefit of receiving information from the staff of the Commission, which has an Agreements team. The Agreements team has raised a question as to whether, when the Notice of Employee Representational Rights ("NERR") was issued, the employees would have had the necessary information before them to know that they were in a classification covered by the Agreement, as the then proposed agreement had not yet been circulated. When this concern was put to the bargaining representatives for response the Applicant stated, in reply correspondence:

"It is clear to all our employees: process attendants, refinery operators, and laboratory coordinators, that they are covered by the proposed Agreement. Many of these employees have been with Sugar Australia for a significant period and have participated in previous enterprise bargaining processes. Given the small size of our workforce and the established practice of receiving pay increases under the Agreement, there has been no misunderstanding regarding coverage. Additionally, for employees who have joined the business since the last Enterprise Agreement update, this information has been clearly communicated during the recruitment process, both verbally and in their employment contracts and reinforced during onboarding. This ensures all employees understand their inclusion under the proposed Agreement."

[3] To the extent any lack of clarity in the NERR may have constituted an error, I am satisfied that this error was a minor technical error and not likely to disadvantage any employees in the circumstances. To the extent necessary to do so, any deficiency in that regard is cured in reliance on subsection 188(5) of the Fair Work Act.

[4] The Notice of Employee Representational Rights appears to have been given in an outdated version of the prescribed form. For the purposes of subsection 188(5) I am satisfied that this was a minor technical error and not likely to disadvantage any employees in the circumstances.

[5] Noting clause 11.7 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards ("NES") in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement appears to be silent as to any payrates or entitlements for apprentices. The Employer told the Commission that it does not employ any apprentices at its Racecourse Mackay site and would not be doing so for the life of the Agreement. The relevant union (The Australian Workers' Union ("the AWU")) did not seek to contradict this assertion and I take it as uncontested.

[7] In light of the foregoing, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, and 188 of the Fair Work Act as are relevant to this application for approval have been met.

[8] The AWU lodged a declaration in the prescribed form[1] giving notice under s.183 of the Fair Work Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Fair Work Act, I note the Agreement covers the AWU.

[9] The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 30 June 2028.

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