Sibelco Australia Limited

[2016] FWCA 5285

[2016] FWCA 5285

FAIR WORK COMMISSION

DECISION

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

Sibelco Australia Limited
(AG2016/3901)


SIBELCO AUSTRALIA LIMITED GLENSHERA ENTERPRISE AGREEMENT 2016

Mining industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 4 AUGUST 2016

[1] An application for approval of an enterprise agreement known as the Sibelco Australia Limited Glenshera 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] The application was filed outside the 14 day time limit prescribed by s.185(3)(a) of the Act. On the basis of the information provided by the employer, I am satisfied that the time limit should be extended in accordance with s.185(3(b) of the Act.

[3] In response to a concern I raised in a Statement issued to the employer and employee representatives 1 relating to the better off overall test, and in particular to the absence of penalty payments for ordinary hours performed on weekends, the employer has provided an undertaking.The undertaking entitles employees to double time payment for ordinary hours worked on a Saturday or Sunday.The undertaking meets the identified concern and otherwise meets the requirements of s.190 of the Act. The undertaking is attached to this decision and appended to the Agreement as Appendix A and is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 11 August 2016. The nominal expiry date of the Agreement is 11 August 2020.

DEPUTY PRESIDENT

Appendix A

 1   Preliminary Findings Statement, 21.7.16.

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