Sibelco Australia Limited

[2017] FWCA 5228

[2017] FWCA 5228

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sibelco Australia Limited
(AG2017/4067)

SIBELCO AUSTRALIA MOLE CREEK ENTERPRISE AGREEMENT 2017

Cement and concrete products
DEPUTY PRESIDENT KOVACIC	CANBERRA, 10 OCTOBER 2017

Application for approval of the Sibelco Australia Mole Creek Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Sibelco Australia Mole Creek 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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Sibelco Australia Limited. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Construction, Forestry, Mining and Energy 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2017. The nominal expiry date of the Agreement is 17 October 2020.

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