Sibelco Australia Limited

[2020] FWCA 935

[2020] FWCA 935

FAIR WORK COMMISSION

DECISION

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

Sibelco Australia Limited
(AG2020/118)

SIBELCO AUSTRALIA LIMITED KUNWARARA ENTERPRISE AGREEMENT 2020

Quarrying industry
DEPUTY PRESIDENT LAKE	BRISBANE, 21 FEBRUARY 2020

Application for approval of the Sibelco Australia Limited Kunwarara Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the Sibelco Australia Limited Kunwarara Enterprise Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Act). It has been made by Sibelco Australia Limited Kunwarara Enterprise Agreement 2020 (the Applicant).

[2] The Agreement is a single enterprise agreement.

[3] Mr Stephen Baker, Queensland Branch Secretary Australian Workers’ Union (AWU), lodged a Form F18 statutory declaration giving notice under s.183 of the Act that the AWU wants the Agreement to cover it.

[4] Mr Rohan Webb, State Secretary of the Queensland Branch of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the AMWU wants the Agreement to cover it.

[5] Mr Peter Ong, Divisional Branch Secretary of the Queensland Branch of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), lodged a Form F18 statutory declaration giving notice under s.183 of the Act that the CEPU wants the Agreement to cover it.

[6] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. In accordance with s 190, 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. The undertakings are taken to be a term of the agreement.

[7] Pursuant to s.190(4) of the Act I sought the views of the AWU, the AMWU, the CEPU, and the employee bargaining representatives for the Agreement.

[8]   I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES): 

•  Clause 1.2 – Shiftworkers

•  Clause 3.7 – Termination

•  Clause 3.11– Abandonment of employment

[9] However, noting the NES precedence undertaking provided and the further undertakings in relation to these clauses, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[10] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss 186, 187, 188, as are relevant to this application for approval, have been met.

[11] The AWU, AMWU, and CEPU, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the AWU, AMWU, and CEPU.

[12] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 28 February 2020. The nominal expiry date of the Agreement is 28 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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ANNEXURE A.