Sibelco Australia Limited Summary

[2014] FWCA 7657

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sibelco Australia Limited
(AG2014/7872)

SIBELCO AUSTRALIA LIMITED LILYDALE MAINTENANCE ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 28 OCTOBER 2014

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

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

[2] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] Pursuant to s.190(4) of the Act, I have sought the views of the National Union of Workers (NUW) and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) with respect to these undertakings.

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

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 4 November 2014. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Sibelco Australia Limited applied to the Fair Work Commission for the approval of the Sibelco Australia Limited Lilydale Maintenance Enterprise Agreement 2014. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the agreement did not adequately protect the rights and interests of the employees covered by the agreement. The Fair Work Commission was required to consider the application and determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement provided for the proper protection of employees' rights and interests, and whether it complied with the requirements of the Fair Work Act 2009. The Commission noted that the agreement provided for a range of protections for employees, including minimum rates of pay, leave entitlements, and provisions for the resolution of disputes. The Commission also considered the parties' submissions and the evidence provided in relation to the agreement. After considering all of the evidence and submissions, the Commission was satisfied that the agreement met the criteria for approval and granted the application.

The Fair Work Commission found that the agreement provided for the proper protection of employees' rights and interests and complied with the requirements of the Fair Work Act 2009. The Commission noted that the agreement provided for a range of protections for employees, including minimum rates of pay, leave entitlements, and provisions for the resolution of disputes. The Commission also considered the evidence provided by the parties and was satisfied that the agreement was the product of genuine bargaining between the parties. The Commission concluded that the agreement was in the best interests of the employees covered by the agreement and granted the application for approval.

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