DECISION

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

Sibelco Australia Limited
(AG2015/5005)

SIBELCO AUSTRALIA LIMITED BEECHWORTH ENTERPRISE AGREEMENT 2115

Mining industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 30 SEPTEMBER 2015

Application for approval of the Sibelco Australia Limited Beechworth Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Sibelco Australia Limited Beechworth Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] 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.

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

[4] The Agreement is approved and will operate from 8 October 2017. The nominal expiry date of the Agreement is 7 October 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Sibelco Australia Limited applied for approval of the Beechworth Enterprise Agreement 2015. The application was made by the company seeking to have the agreement registered under the Fair Work Act 2009. The nature of the dispute centred on the terms and conditions of employment set forth in the agreement, which was intended to govern the relationship between the company and its employees at the Beechworth site. The applicants argued that the agreement was made in good faith and met the necessary criteria for approval under the Act.

The legal issues before the Commission involved determining whether the agreement contained all the required terms, was free from prohibited content, and had been made in good faith. The Commission had to assess whether the agreement complied with the statutory requirements, including the obligation to provide for minimum entitlements and the need to be free from content that would undermine the operation of the industrial safety net. Additionally, the Commission examined whether the agreement was genuinely negotiated between the parties and not imposed unilaterally.

After a thorough examination of the evidence and the arguments presented, the Commission found that the agreement met the statutory criteria for approval. The Commission determined that the agreement contained all the required terms, was free from prohibited content, and had been genuinely negotiated between the parties. The Commission was satisfied that the agreement provided for minimum entitlements and did not undermine the industrial safety net. Consequently, the Commission approved the agreement and ordered its registration.

The final orders included the registration of the Sibelco Australia Limited Beechworth Enterprise Agreement 2015 under the Fair Work Act 2009. The Commission's decision provided clarity and certainty for both the company and its employees, ensuring that the terms and conditions of employment were legally sound and appropriately negotiated.

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