DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sibelco Australia Limited
(AG2017/3565)

SIBELCO AUSTRALIA LIMITED CHARBON ENTERPRISE AGREEMENT 2017

Quarrying industry
COMMISSIONER MCKINNON	MELBOURNE, 1 DECEMBER 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Sibelco Australia Limited Charbon 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, 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 December 2017. The nominal expiry date of the Agreement is 30 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sibelco Australia Limited sought approval of the Charbon Enterprise Agreement 2017 in the Fair Work Commission. The applicant and the Construction, Forestry, Maritime, Mining and Energy Union were the parties to the agreement, which was to cover employees working in the Hunter Valley Operations. The union argued that the agreement did not meet the "better off overall test" (BOOT), while the employer argued that the agreement was fair and reasonable and met the BOOT.

The commission considered whether the agreement was in the interests of the employees and met the BOOT. The commission noted that the agreement provided for improved wages and conditions, including an increase in the minimum wage by 2.75% per year over four years. The commission also noted that the agreement provided for improved conditions in relation to shift patterns, leave, and other matters. The commission concluded that the agreement was fair and reasonable and met the BOOT.

Accordingly, the commission approved the agreement. The union's application for a review of the decision was dismissed. The agreement was approved as a greenfields agreement, which means that it will apply to new employees who are engaged after the effective date of the agreement. The agreement will expire on 30 June 2022, unless it is terminated earlier in accordance with its provisions.

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