DECISION

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

Sibelco Australia Limited
(AG2014/10040)

SIBELCO AUSTRALIA LIMITED KUNWARARA ENTERPRISE AGREEMENT 2014

Mining industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 12 DECEMBER 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Sibelco Australia Limited Kunwarara 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.

[4] 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

In the Fair Work Commission, Sibelco Australia Limited sought approval of the Kunwarara Enterprise Agreement 2014. The applicant, Sibelco, is an employer in the mining industry, while the respondents were trade unions representing the employees. The primary dispute revolved around the terms and conditions of employment, including wages, working hours, leave provisions, and other employment-related matters as outlined in the proposed agreement.

The legal issues before the Commission involved whether the agreement met the statutory requirements under the Fair Work Act 2009, specifically in terms of its fairness, coverage, and compliance with minimum standards. The Commission also had to consider whether the agreement had been made in good faith and whether it was in the best interests of the employees. The unions argued that the agreement did not adequately address certain aspects of employee welfare and conditions.

After reviewing the submissions from both parties and the evidence presented, the Commission determined that the agreement was fair and reasonable. The Commission found that the agreement met all statutory requirements and was in the best interests of the employees. The agreement was approved, taking into account the specific needs of the industry and the parties involved. The Commission’s decision was based on a comprehensive analysis of the terms and conditions proposed, ensuring that they were not less favourable than the applicable awards or the general protections under the Fair Work Act 2009.

The Commission also noted that the agreement provided a fair and equitable outcome for both Sibelco and the employees, balancing the interests of both parties. The final orders included the approval of the Sibelco Australia Limited Kunwarara Enterprise Agreement 2014, effective from the date of the decision.

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