DECISION

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

Sibelco Australia Limited
(AG2015/561)

SIBELCO AUSTRALIA LIMITED SALT ASH ENTERPRISE AGREEMENT 2014

Mining industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 30 MARCH 2015

Application for approval of the Sibelco Australia Limited Salt Ash Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Sibelco Australia Limited Salt Ash Enterprise Agreement 2014 (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] 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.

[3] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 6 April 2015. The nominal expiry date of the Agreement is 1 October 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sibelco Australia Limited applied to the Fair Work Commission for approval of the Sibelco Australia Limited Salt Ash Enterprise Agreement 2014. The application for approval was opposed by the Maritime Union of Australia, who argued that the agreement did not meet the requirements of the Fair Work Act 2009. The Commission was required to determine whether the agreement provided for fair and reasonable terms and conditions of employment and whether it complied with the statutory requirements for enterprise agreements.

The Commission considered whether the agreement provided for fair and reasonable terms and conditions of employment, taking into account the principles of the Fair Work Act 2009. The Commission also considered whether the agreement complied with the statutory requirements for enterprise agreements, including the requirement for the agreement to be in writing and to be signed by a majority of the employees. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and that it complied with the statutory requirements for enterprise agreements.

The Commission approved the Sibelco Australia Limited Salt Ash Enterprise Agreement 2014, finding that it met the requirements of the Fair Work Act 2009. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and that it complied with the statutory requirements for enterprise agreements. The Commission approved the agreement, and it became a registered enterprise agreement on 27 November 2014. The Maritime Union of Australia's opposition to the application for approval was dismissed.

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