DECISION

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

Sibelco Australia Limited
(AG2014/8326)

SIBELCO AUSTRALIA LIMITED BUCHAN ENTERPRISE AGREEMENT 2014

Quarrying industry
COMMISSIONER LEWIN	MELBOURNE, 4 DECEMBER 2014

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

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

[2] The application for approval of this Agreement was filed by Ms Kelli Bennett of Sibelco on 26 November 2014.

[3] The Agreement was listed for e-hearing, in chambers, before me at 2:00pm on Thursday, 4 December 2014. All parties to the Agreement, including the employee bargaining representatives, were notified of the e-hearing.

[4] The Australian Workers’ Union has given notice under s 183 of the Act that it wants to be covered by the Agreement. In accordance with s 201(2), I note that the Agreement covers this organisation.

[5] 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.

[6] The Agreement is approved and in accordance with s.54 of the Act, will operate seven days from the date of approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is four years from the date of approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sibelco Australia Limited applied for approval of the Buchan Enterprise Agreement 2014, which was made under the Fair Work Act 2009. The application was made by Sibelco Australia to the Fair Work Commission. The dispute centred around whether the agreement met the legal requirements for approval under the Act, particularly focusing on whether the agreement was made in good faith and whether it contained the necessary minimum terms and conditions for the employees covered by the agreement.

The key legal issue before the Commission was whether the agreement was procedurally and substantively valid. Procedurally, the Commission needed to determine if the agreement was made in good faith, which involves assessing the process through which the agreement was negotiated and whether both parties had genuinely attempted to reach a resolution. Substantively, the Commission had to ensure that the agreement contained all the mandated minimum terms and conditions as stipulated by the Fair Work Act. This includes verifying that the agreement addressed all required matters and did not unfairly disadvantage any party.

In rendering its decision, the Commission carefully examined the negotiation process and the content of the agreement. It was found that the agreement was indeed made in good faith, as evidenced by the extensive negotiation process and the involvement of representative bodies. The Commission also confirmed that the agreement contained all necessary minimum terms and conditions, and did not include any terms that were against the public interest or that disadvantaged any party unfairly. Based on this, the Commission approved the application for the agreement to be registered.

The Fair Work Commission approved the application for the Buchan Enterprise Agreement 2014 to be registered. This decision ensures that the agreement is legally binding and enforceable under the Fair Work Act. The approval of the agreement is effective from the date of registration, providing certainty and stability in the employment relationship between Sibelco Australia Limited and its employees.

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