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

1 Correspondence dated 31 October 2016

2 MA000011

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Sibelco Australia Limited applied for the approval of the Sibelco Australia Limited - Tantanoola Enterprise Agreement 2016, a single-enterprise agreement. The application was made under section 185 of the Fair Work Act 2009. The Fair Work Commission had to decide if the employer had met the requirements of sections 186, 187, and 188 of the Act, as relevant to the approval of the agreement. Specifically, the Commission needed to be satisfied that the agreement had been negotiated in good faith, that it contained only matters that could be covered by an enterprise agreement, and that it was not less favourable than the applicable modern award.

The Deputy President was satisfied that the employer had met all the requirements for the approval of the agreement. The employer had provided additional information in response to concerns raised about modern award coverage and penalty payments for weekend work. The employer also provided an undertaking that met the requirements of section 190 of the Act. The Deputy President found that the agreement was not less favourable than the Mining Industry Award 2010, the relevant modern award. The employer's undertaking regarding penalty payments for weekend work was taken to be a term of the agreement.

Accordingly, the Deputy President approved the agreement. The agreement will operate from 14 November 2016, and its nominal expiry date is 7 November 2020. The Deputy President appended to the decision and the agreement an undertaking regarding penalty payments for weekend work, which is taken to be a term of the agreement.

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