DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sibelco Australia Limited
(AG2014/9754)

SIBELCO AUSTRALIA LIMITED WELSHPOOL ENTERPRISE AGREEMENT 2014

Mining industry
COMMISSIONER WILLIAMS	PERTH, 2 DECEMBER 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Sibelco Australia Limited Welshpool 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 ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2014. The nominal expiry date of the Agreement is 2 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the matter were Sibelco Australia Limited and the Transport Workers Union of Australia (TWU). The dispute centred around the approval of the Sibelco Australia Limited Welshpool Enterprise Agreement 2014. The Fair Work Commission (FWC) was tasked with determining whether this agreement met the criteria for registration under the Fair Work Act 2009. The legal issues the court needed to address were primarily whether the agreement provided for the proper management of the enterprise, the employees, and the business, and whether it was procedurally fair.

The court found that the application for approval was validly made and that the agreement provided for the proper management of the enterprise, the employees, and the business. The FWC considered that the agreement met the requirements of the Fair Work Act 2009. The FWC also found that the agreement had been fairly negotiated and that the parties had acted in good faith. The court examined the process through which the agreement was negotiated and the extent to which the parties had followed the relevant procedural steps. The FWC was satisfied that the agreement was procedurally fair and that it met the necessary standards for approval.

The FWC approved the Sibelco Australia Limited Welshpool Enterprise Agreement 2014, determining that it complied with the legal requirements set out in the Fair Work Act 2009. The court found that the agreement provided for the proper management of the enterprise and was procedurally fair. The decision underscored the importance of ensuring that enterprise agreements are both substantively and procedurally sound. The FWC’s approval of the agreement indicated that it met the necessary standards for registration and would provide a framework for the fair and effective management of the enterprise.

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