DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sibelco Australia Limited
(AG2018/916)

SIBELCO AUSTRALIA LIMITED PARKHURST ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 5 JULY 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Sibelco Australia Limited Parkhurst 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, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want 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 12 July 2018. The nominal expiry date of the Agreement is 11 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, Sibelco Australia Limited sought approval of the Sibelco Australia Limited Parkhurst Enterprise Agreement 2018. The dispute centred around the terms of the enterprise agreement, specifically the procedural fairness in its negotiation and the fairness of its content. The Fair Work Commission was tasked with determining whether the agreement met the legal standards for procedural and substantive fairness.

The legal issues before the Commission involved whether the agreement was genuinely negotiated and whether it met the requirements of procedural fairness as outlined in the Fair Work Act 2009. The Commission also needed to assess if the agreement was fair in terms of its content, ensuring it provided for equitable treatment of employees and did not disadvantage any party. The negotiation process was under scrutiny to ensure that it was conducted in good faith and that all parties had an opportunity to participate and influence the outcome.

In its decision, the Fair Work Commission found that the agreement was genuinely negotiated, and the process met the necessary standards of procedural fairness. The Commission considered the involvement of employee representatives, the opportunities provided for them to contribute to the negotiation process, and the overall fairness of the agreement's content. The Commission concluded that the agreement was fair, equitable, and met the legal standards required by the Fair Work Act 2009. Consequently, the Commission approved the enterprise agreement.

As a result of the Commission's findings, the Sibelco Australia Limited Parkhurst Enterprise Agreement 2018 was approved and will now govern the terms and conditions of employment for the relevant employees. This decision sets a precedent for future enterprise agreements within the company and provides clarity on the standards expected in the negotiation and approval process.

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