Sibelco Australia Limited Summary

[2014] FWCA 7724

The attached document replaces the document previously issued with the above code on 30 October 2014.

This document has been refiled because the code at the bottom of the document is incorrect. PR557221 has been replaced with PR557228.

Susan Robertson

Associate to Senior Deputy President Hamberger

Dated: 30 October 2014

[2014] FWCA 7724

FAIR WORK COMMISSION

DECISION

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

Sibelco Australia Limited
(AG2014/7927)

SIBELCO AUSTRALIA LIMITED RIVERTON ENTERPRISE AGREEMENT 2014

Quarrying industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 30 OCTOBER 2014

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

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

[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 will operate from 5 November 2014. The nominal expiry date of the Agreement is 4 November 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Sibelco Australia Limited and its employees, with the matter brought before the Fair Work Commission. The dispute centred on the approval of the Sibelco Australia Limited Riverton Enterprise Agreement 2014. The company sought the Commission's endorsement of the agreement, which had been negotiated with the employees' representatives.

The primary legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions, and if it adhered to the statutory minimum standards set out in the Act. Additionally, the Commission had to consider whether the agreement was genuinely negotiated and if it had been made in good faith.

In its decision, the Commission found that the agreement met all the necessary legal criteria. It determined that the agreement contained fair and reasonable terms and conditions for the employees, and that it complied with the statutory minimum standards. The Commission also concluded that the agreement had been genuinely negotiated and made in good faith. Consequently, the Commission approved the Sibelco Australia Limited Riverton Enterprise Agreement 2014, endorsing it as compliant with the requirements of the Fair Work Act 2009.

As a result of the Commission's approval, the Sibelco Australia Limited Riverton Enterprise Agreement 2014 was now a legally binding document between the company and its employees. The agreement would govern the terms and conditions of employment for the employees covered by the agreement, providing them with certainty and protection in their working arrangements.

Sibelco Australia Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established