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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Sibelco Australia Limited applied for approval of an enterprise agreement, the Sibelco Australia Limited Glenshera Enterprise Agreement 2016. The application was made under section 185 of the Fair Work Act 2009, which pertains to the approval of single-enterprise agreements. The primary objective of the application was to have the agreement approved by the Fair Work Commission. The agreement in question related to the mining industry and was intended to cover the terms and conditions of employment for employees within this sector.

The legal issues before the Fair Work Commission included whether the application was made within the stipulated time limit and whether the agreement met the requirements of the Act, particularly the better off overall test. The application was initially filed outside the 14-day limit prescribed by section 185(3)(a) of the Act. However, the employer provided information that satisfied the Commission that an extension of the time limit was warranted under section 185(3)(b) of the Act. Additionally, the Commission had raised concerns about the absence of penalty payments for ordinary hours worked on weekends, which led to an undertaking by the employer to provide double time payments for such hours. This undertaking was intended to address the identified concern and meet the requirements of section 190 of the Act.

The Fair Work Commission, after reviewing the application and the provided information, found that the employer had met all relevant requirements of sections 186, 187, and 188 of the Act. The Commission was satisfied that the employer had provided adequate justification for the late filing and that the agreement, along with the employer's undertaking, met the necessary legal standards. Consequently, the Fair Work Commission approved the agreement. The agreement was set to operate from 11 August 2016, with a nominal expiry date of 11 August 2020, as per section 54(1) of the Act. The employer's undertaking was appended to the agreement and considered 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