Sibelco Australia Limited

[2018] FWCA 4274

[2018] FWCA 4274

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sibelco Australia Limited
(AG2018/1104)

SIBELCO AUSTRALIA LIMITED SALT ASH ENTERPRISE AGREEMENT 2018

Mining industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 JULY 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Sibelco Australia Limited Salt Ash 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 Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 19 July 2018 and, in accordance with s.54, will operate from 26 July 2018. The nominal expiry date of the Agreement is 30 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A