Full bench hearing bid to quash cooling-off ruling

Unions will be able to resume industrial action after the full bench, comprising Vice President Mark Gibian, Deputy President Judith Wright, and Commissioner Stephen Crawford, this afternoon allowed their appeal. The case was reheard, and it was ruled that the protected action did not meet the "nationally-significant" economic harm threshold.

Unions are seeking to overturn a six-week cooling-off period granted to major sugar processor Wilmar. The Fair Work Commission (FWC) had initially accepted that the four looming one-hour protected stoppages over four weeks, causing $34 million in losses, constituted nationally-significant economic damage. This led to a halt in industrial action during the industry's crucial "crushing season."

Full bench hearing bid to quash cooling-off ruling

Deputy President Theresa Dobson, in her decision on June 30, issued a s424 order. She determined that the planned 60-minute stoppages by the AMWU, AWU, and CEPU on July 2, 4, 8, and 11 met the criteria for both limbs of the statutory test for making orders:

- Industrial action is both threatened and impending.

- The action has threatened, is threatening, or would threaten damage to a significant part of the economy.

Dobson accepted that the stoppages would result in at least $34.424 million in losses, with limited opportunity for Wilmar to mitigate the damage. Given the lengthy negotiations and the escalation of the stalemate, she felt a six-week cooling-off period was necessary to allow the crushing season to proceed without further disruption.

Dobson's order was intended to provide a short respite, emphasizing that Wilmar was not relieved of its bargaining obligations. The six-week suspension was meant to facilitate a smoother crushing season and encourage the parties to reach an agreement on outstanding issues.

Wilmar operates eight mills in North Queensland, stretching 500 kilometers from Sarina in the south to Ingham in the north. The crushing season spans from June to December, beginning after canegrowers start harvesting their crops and ending with the onset of the wet season.

Today, a full bench in Sydney heard the appeal and ruled that the protected action did not meet the "nationally-significant" economic harm threshold, allowing unions to resume industrial action.

Case Reference: Application by Wilmar Sugar Pty Ltd - [2024] FWC 1767 (4 July 2024)

This update provides a detailed account of the ongoing legal proceedings and their implications for industrial actions within the sugar industry. Keep following NOWINNOFEE.help for the latest updates and insights.