DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sibelco Australia Limited
(AG2018/918)

SIBELCO AUSTRALIA LIMITED KUNWARARA ENTERPRISE AGREEMENT 2018

Quarrying industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 JULY 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Sibelco Australia Limited Kunwarara 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 Applicant 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, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wish the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2018. The nominal expiry date of the Agreement is 16 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Full Bench of the Fair Work Commission involved Sibelco Australia Limited, which sought approval of the Kunwarara Enterprise Agreement 2018. The primary issue was whether the agreement complied with the Fair Work Act 2009, specifically regarding its provisions for employee entitlements and conditions. The application for approval was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that certain clauses of the agreement were not fair and did not meet the statutory requirements for enterprise agreements.

The legal issues before the court encompassed the interpretation and application of the Fair Work Act 2009 provisions concerning the approval of enterprise agreements. Central to the dispute was the requirement that an enterprise agreement must be fair, as per section 234 of the Act. The court needed to determine if the agreement's terms and conditions were fair and if it met the criteria for approval. This included scrutinising the process through which the agreement was negotiated and whether it adhered to the principles of good faith bargaining and procedural fairness.

In delivering the decision, the Full Bench of the Fair Work Commission found that the Sibelco Australia Limited Kunwarara Enterprise Agreement 2018 was fair and complied with the requirements of the Fair Work Act 2009. The court emphasised that the negotiation process had been conducted in good faith and that the agreement's terms were fair and reasonable. The court took into account the submissions from both parties and the evidence presented regarding the negotiation process and the nature of the agreement's provisions. Consequently, the court approved the enterprise agreement, confirming its compliance with the statutory requirements.

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