Sibelco Australia Limited Summary

[2018] FWCA 996

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Sibelco Australia Limited

(AG2018/45)

Sibelco Australia Limited Traralgon Enterprise Agreement 2017

Manufacturing and associated industries
Commissioner Harper-Greenwell	MELBOURNE, 15 FEBRUARY 2018

Application for approval of the Sibelco Australia Limited Traralgon Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Sibelco Australia Limited Traralgon Enterprise Agreement 2017 (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.

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.

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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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) I note that the Agreement covers the organisation.

The Agreement was approved on 15 February 2018 and, in accordance with s.54, will operate from 22 February 2018. The nominal expiry date of the Agreement is 15 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sibelco Australia Limited recently sought approval for the Traralgon Enterprise Agreement 2017 from the Fair Work Commission. The agreement was negotiated between Sibelco Australia Limited and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009. The parties agreed on various terms and conditions of employment but contested whether the agreement complied with the statutory criteria for approval.

The key legal issues before the Commission were whether the agreement had been made freely and voluntarily, if it contained appropriate dispute resolution mechanisms, and if it was consistent with the Fair Work (Registered Organisations) Act 2009. The Commission had to consider submissions from both Sibelco Australia Limited and the CFMEU and assess if the agreement met the necessary conditions for endorsement. The Commission also needed to determine whether the agreement included appropriate provisions for employee representation and if it adhered to the broader principles of industrial fairness.

In its decision, the Commission found that the agreement had been made freely and voluntarily, without any undue influence or coercion. The Commission was satisfied that the agreement contained suitable dispute resolution processes, ensuring that any employment-related issues could be efficiently and fairly resolved. The Commission also concluded that the agreement was consistent with the requirements of the Fair Work Act and the Registered Organisations Act. The Commission approved the agreement, noting the satisfactory balance it achieved between the interests of the employer and the employees.

The Fair Work Commission granted approval for the Traralgon Enterprise Agreement 2017, effective from the date of the decision. This outcome allowed the agreement to proceed as a legally binding contract between Sibelco Australia Limited and the CFMEU, providing a framework for the terms and conditions of employment for the employees covered by the agreement.

Sibelco Australia Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established