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

Annexure A

CaseChat Overview and Summary

Sibelco Australia Limited sought approval for a proposed enterprise agreement with its employees at the Salt Ash facility. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the legal criteria for approval. The central issue before the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it had been made in good faith.

In reaching its decision, the Commission examined various aspects of the proposed agreement, including the terms and conditions, the negotiation process, and the representation of the parties involved. The Commission noted that the agreement had been negotiated in good faith and that the process was transparent and inclusive, involving extensive consultation with the employees. Furthermore, the Commission considered that the proposed terms and conditions were fair and reasonable, taking into account the nature of the work, the industry standards, and the bargaining power of the parties. The Commission found that the proposed agreement met the necessary criteria for approval and was in the best interests of the employees.

Consequently, the Commission approved the Sibelco Australia Limited Salt Ash Enterprise Agreement 2018, subject to certain conditions. These conditions included the requirement for Sibelco to provide the Commission with regular updates on the implementation of the agreement and to address any issues that may arise during its operation. The approval of the agreement marked the conclusion of a successful negotiation process, ensuring that the employees at the Salt Ash facility would benefit from fair and reasonable terms and conditions of employment.

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