DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sibelco Australia Limited
(AG2016/3076)

SIBELCO AUSTRALIA LIMITED TAMAREE ENTERPRISE AGREEMENT 2016

Cement and concrete products
COMMISSIONER LEE	MELBOURNE, 10 JUNE 2016

Application for approval of the Sibelco Australia Limited Tamaree Enterprise Agreement 2016.

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

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 June 2016. The nominal expiry date of the Agreement is 9 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sibelco Australia Limited, an entity within the construction, aggregates, and sand industries, applied to the Fair Work Commission for the approval of the Sibelco Australia Limited Tamaree Enterprise Agreement 2016. The application was brought before the Commission to determine whether the agreement met the statutory requirements under the Fair Work Act 2009. The dispute centred around whether the agreement provided for appropriate pay and conditions for employees, including casual workers, and whether it complied with the provisions of the Act and related instruments.

The primary legal issues before the Commission were whether the agreement satisfied the 'better off overall test' as required by section 234 of the Fair Work Act, and whether it included adequate provisions for casual employees' entitlements, including penalty rates and shift loadings. The Commission had to consider whether the agreement met the minimum standards set by the relevant award and if it provided a safety net for employees who would otherwise be covered by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) Building and Construction Award 2010.

The Commission found that the agreement did satisfy the better off overall test and that it provided for appropriate pay and conditions for employees. The agreement included provisions for casual employees that were no less favourable than those provided for in the relevant award. The Commission was satisfied that the agreement met the minimum standards set by the Act and provided a safety net for employees who would otherwise be covered by the CFMEU Building and Construction Award 2010. The Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission approved the Sibelco Australia Limited Tamaree Enterprise Agreement 2016, effective from the date of the Commission's approval. The agreement was deemed to provide for appropriate pay and conditions for employees, including casual workers, and complied with the provisions of the Fair Work Act 2009 and related instruments.

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