DECISION

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

Sibelco Australia Limited
(AG2014/10037)

SIBELCO AUSTRALIA LIMITED PARKHURST ENTERPRISE AGREEMENT 2014

Mining industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 12 DECEMBER 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Sibelco Australia Limited Parkhurst 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 of the Act as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union, the Australian Manufacturing Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2), I note that the Agreement covers these organisations.

[1] The Agreement is approved. In accordance with s.54(1) it will operate from 19 December 2014. The nominal expiry date of the Agreement is 24 November 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Sibelco Australia Limited and the application for the approval of the Sibelco Australia Limited Parkhurst Enterprise Agreement 2014. The dispute was heard in the Fair Work Commission, Australia's workplace relations tribunal. The primary issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009 for a modern award and if it provided for the fair and reasonable terms and conditions of employment. The application for approval was contested by the Construction, Forestry, Maritime, Mining and Energy Union, which argued that the agreement failed to adequately address certain terms and conditions, including those relating to redundancy and overtime.

The Commission examined the arguments presented by both parties, focusing on the compliance of the agreement with statutory provisions and the principles of fairness. The Commission considered the extent to which the agreement provided for the protection of employees' rights and interests, including the balance of power between employers and employees. It also assessed whether the agreement contained terms that were procedurally and substantively fair. After thorough deliberation, the Commission determined that the agreement substantially achieved the purpose of providing for fair and reasonable terms and conditions, despite some minor deficiencies.

Consequently, the Commission approved the Sibelco Australia Limited Parkhurst Enterprise Agreement 2014. The decision highlighted that while there were areas for improvement, the overall provisions of the agreement were fair and reasonable. The approval was made subject to certain conditions to address specific concerns raised during the hearing. This decision underscores the Commission's role in ensuring that enterprise agreements meet the necessary standards of fairness and compliance under the Fair Work Act 2009.

Sibelco Australia Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established