Sibelco Australia Limited

[2016] FWCA 8024

[2016] FWCA 8024

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Sibelco Australia Limited
(AG2016/6541)


SIBELCO AUSTRALIA LIMITED - TANTANOOLA ENTERPRISE AGREEMENT 2016

Mining industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 7 NOVEMBER 2016

[1] An application for approval of an enterprise agreement known as the Sibelco Australia Limited - Tantanoola Enterprise Agreement 2016 (the Agreement) has been made by Sibelco Australia Limited (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] In response to concerns raised with the employer and employee representatives 1 relating to the modern award coverage for employees bound by the Agreement and the absence of penalty payments for weekend work, the employer has provided additional information. The relevant modern award is the Mining Industry Award 2010.2 An undertaking relating to the payment of penalties for weekend work was also provided. The undertaking meets the requirements of s.190 of the Act and addresses the concerns raised by the Fair Work Commission. The undertaking is taken to be a term of the Agreement and is appended to this decision and the Agreement as Appendix A.

[3] 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.

[4] The Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 14 November 2016. The nominal expiry date of the Agreement is 7 November 2020.

DEPUTY PRESIDENT

APPENDIX A

APPENDIX A

 1   Correspondence dated 31 October 2016

 2   MA000011

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