DECISION

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

Sibelco Australia Limited
(AG2014/8038)

SIBELCO AUSTRALIA LIMITED EXCELSIOR ENTERPRISE AGREEMENT 2014

Mining industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 5 DECEMBER 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Sibelco Australia Limited Excelsior Enterprise Agreement 2014 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sibelco Australia Limited. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union (CFMEU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the CFMEU.

[4] The Agreement is approved and, in accordance with s.54, will operate from 12 December 2014. The nominal expiry date of the Agreement is 12 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Fair Work Commission (FWC) was asked to approve an enterprise agreement between Sibelco Australia Limited and its employees. The agreement, known as the Sibelco Australia Limited Excelsior Enterprise Agreement 2014, was submitted for approval. The FWC had to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the agreement complied with the procedural requirements for approval and whether it met the standards of fairness as outlined by the Act. The FWC considered whether the agreement had been fairly negotiated and whether it provided for appropriate protections and benefits for the employees. The FWC also examined whether the agreement contained any terms that were contrary to the national workplace relations system.

In reaching its decision, the FWC reviewed the negotiation process and the contents of the agreement. The FWC found that the agreement had been fairly negotiated and that it provided for appropriate protections and benefits for the employees. The FWC determined that the agreement did not contain any terms that were contrary to the national workplace relations system and was therefore eligible for approval. The FWC approved the agreement, highlighting the importance of fair and effective workplace agreements in fostering harmonious workplace relations.

The final orders of the FWC were that the Sibelco Australia Limited Excelsior Enterprise Agreement 2014 be approved, effective from the date of the decision. The FWC's approval ensures that the agreement can be implemented as a binding contract between Sibelco Australia Limited and its employees, providing a framework for their working conditions and entitlements.

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