Application by W.H. Heck And Sons Pty Ltd Trading AS Rocky Point Sugar Mill
Citation: [2026] FWCA 1766
What happened
W.H. Heck And Sons Pty Ltd Trading As Rocky Point Sugar Mill sought approval for the Rocky Point Sugar Mill Enterprise Agreement 2026. The agreement is a single enterprise agreement covering employees of the company. A minor discrepancy existed between the title on the Notice of Employee Representational Rights and the actual agreement, but this was considered a technical error. Unions including the Australian Manufacturing Workers’ Union (AMWU), the Australian Workers’ Union (AWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) indicated their desire for the agreement to cover them.
What was decided
The Fair Work Commission approved the Rocky Point Sugar Mill Enterprise Agreement 2026. The Commission found a minor discrepancy in the agreement's title was a technical error that did not disadvantage employees. The agreement will operate from July 15, 2026, and expire on July 9, 2028. Certain undertakings provided by the Applicant are now terms of the Agreement. Where inconsistencies arise, entitlements under the National Employment Standards (NES) will prevail. Workplace delegate rights from the Sugar Industry Award 2020 also form part of the agreement.
What it means for employers
Employers seeking to implement enterprise agreements should ensure consistency between documents like Notices of Employee Representational Rights and the final agreement. Providing written undertakings can be a way to address concerns and secure approval, but these become legally binding terms.
What it means for employees
Employees covered by this new enterprise agreement will benefit from the agreed-upon terms. Where the agreement conflicts with National Employment Standards, the NES entitlements will apply. The agreement is now legally binding for relevant unions.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →