DECISION

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

Sibelco Australia Limited
(AG2015/700)

SIBELCO AUSTRALIA LIMITED MURGON ENTERPRISE AGREEMENT 2015

Quarrying industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 13 APRIL 2015

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

[1] Sibelco Australia Limited applies for approval of an enterprise agreement known as the Sibelco Australia Limited Murgon Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

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

[3] On 10 April 2015 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

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

[5] The Agreement is approved and will operate in accordance with s.54. The nominal expiry date of the Agreement is 13 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sibelco Australia Limited sought approval for the Murgon Enterprise Agreement 2015. The application was made to the Fair Work Commission, which oversees the implementation and enforcement of workplace agreements in Australia. The application arose from negotiations between Sibelco Australia and their employees, which led to the creation of the agreement. The Fair Work Commission was tasked with determining whether the agreement complied with the Fair Work Act 2009 and whether it should be approved.

The primary legal issue before the Commission was whether the Murgon Enterprise Agreement 2015 met the requirements of the Fair Work Act 2009. This involved assessing whether the agreement was genuinely bargained, whether it provided for the protection of employee rights and entitlements, and whether it aligned with the broader objectives of the Act. Additionally, the Commission had to consider if the agreement provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission found that the Murgon Enterprise Agreement 2015 complied with the Fair Work Act 2009. The agreement was deemed to be genuinely negotiated between Sibelco Australia and its employees, and it provided adequate protections for employee rights and entitlements. The Commission concluded that the agreement was fair and reasonable, and it approved the application. As a result, the agreement was registered and enforceable under the Act, ensuring that both parties were bound by its terms.

The Fair Work Commission approved the Murgon Enterprise Agreement 2015 and registered it as a registered agreement under the Fair Work Act 2009. This decision provided clarity and certainty for both Sibelco Australia and its employees, ensuring that the agreement could be implemented and enforced in accordance with the Act. The approval also reinforced the importance of genuine bargaining and the protection of employee rights in the workplace.

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