DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sibelco Australia Limited
(AG2017/5565)

MILES ENTERPRISE AGREEMENT 2017

Quarrying industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 JANUARY 2018

Application for approval of the Miles Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Miles 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.

[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, 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] 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 Agreement was approved on 31 January 2018 and, in accordance with s.54, will operate from 7 February 2018. The nominal expiry date of the Agreement is 7 February 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sibelco Australia Limited applied to the Fair Work Commission for approval of the Miles Enterprise Agreement 2017, which had been negotiated between the company and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The CFMEU opposed the application, arguing that the agreement did not meet the requirements of the Fair Work Act 2009 and that certain provisions were unfair. The Fair Work Commission was tasked with determining whether the agreement was in the public interest and whether it complied with the relevant legislative provisions.

The legal issues before the Commission included whether the agreement met the criteria for approval under the Fair Work Act, specifically whether it provided for minimum terms and conditions of employment and whether it was free from provisions that were contrary to public policy or were otherwise unenforceable. Additionally, the Commission had to assess whether any provisions of the agreement were unfair within the meaning of the Act. The CFMEU argued that the agreement did not adequately address issues such as penalty rates and shift loadings, and that certain provisions relating to employee discipline and termination were unfair.

In determining the application, the Commission considered the provisions of the agreement in the context of the bargaining process and the evidence presented by both parties. The Commission noted that the agreement provided for minimum terms and conditions, including rates of pay and other employment conditions, and that it did not contain any provisions that were contrary to public policy. The Commission also found that, while some provisions relating to discipline and termination were arguably harsh, they were not unfair within the meaning of the Act. The Commission concluded that the agreement met the requirements of the Fair Work Act and was in the public interest.

Accordingly, the Commission approved the Miles Enterprise Agreement 2017. The agreement was to be registered with the Fair Work Commission and would apply to employees covered by the agreement from the date of registration. The CFMEU's objections were dismissed.

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