DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sibelco Australia Limited
(AG2018/1439)

SIBELCO AUSTRALIA LIMITED LANG LANG ENTERPRISE AGREEMENT 2018

Quarrying industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 JULY 2018

Application for approval of the Sibelco Australia Limited Lang Lang Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Sibelco Australia Limited Lang Lang Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sibelco Australia Limited. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 30 July 2018 and, in accordance with s.54, will operate from 6 August 2018. The nominal expiry date of the Agreement is 30 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sibelco Australia Limited applied to the Fair Work Commission for approval of the Sibelco Australia Limited Lang Lang Enterprise Agreement 2018. The applicant sought an order approving the agreement as a safety net compliant enterprise agreement, pursuant to section 233 of the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement met the criteria for safety net approval. This involved assessing whether the agreement provided for terms and conditions that were not less favourable than the applicable safety net terms and conditions.

The Commission noted that the agreement contained provisions for minimum rates of pay, penalty rates, and other terms and conditions of employment. The applicant argued that the agreement provided for terms and conditions that were not less favourable than the applicable safety net terms and conditions. The Commission considered the relevant safety net provisions and compared them with the terms and conditions in the agreement. It found that the agreement provided for minimum rates of pay and penalty rates that were not less favourable than the safety net provisions. The Commission also found that the agreement contained other terms and conditions that were not less favourable than the safety net provisions.

Having considered the evidence and arguments presented by the parties, the Commission was satisfied that the agreement met the criteria for safety net approval. The Commission approved the agreement as a safety net compliant enterprise agreement, pursuant to section 233 of the Fair Work Act 2009. The applicant's application for approval of the agreement was therefore granted.

Sibelco Australia Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established