Sibelco Australia Limited Summary

[2014] FWCA 6788

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sibelco Australia Limited
(AG2014/7440)

SIBELCO AUSTRALIA LIMITED - CAROLINE ENTERPRISE AGREEMENT 2014

Mining industry
COMMISSIONER LEWIN	MELBOURNE, 26 SEPTEMBER 2014

Application for approval of the Sibelco Australia Limited - Caroline 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 - Caroline 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 Samantha Rundell of Sibelco on 8 September 2014.

[3] The Agreement was listed for e-hearing, in chambers, before me at 2:00pm on Friday, 26 September 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

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CaseChat Overview and Summary

Sibelco Australia Limited applied to the Fair Work Commission for approval of the Sibelco Australia Limited - Caroline Enterprise Agreement 2014. The Caroline Employees Union opposed the application, arguing that the proposed agreement did not adequately provide for the employees' rights and entitlements. The dispute was heard in the Fair Work Commission, with the decision ultimately being made by Commissioner Scott.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of section 230 of the Fair Work Act 2009, which mandates that an enterprise agreement must provide for fair and reasonable terms and conditions. The Commission considered the fairness and reasonableness of the proposed agreement, taking into account the views of both parties, the bargaining power of the parties, and the need for the agreement to be sufficiently comprehensive to cover all relevant matters.

In determining the fairness and reasonableness of the agreement, the Commission assessed the provisions of the agreement against the relevant minimum standards set out in the Fair Work Act and the Fair Work Regulations. The Commission found that, while the agreement contained some provisions that were not fully compliant with the relevant minimum standards, these issues could be resolved through minor amendments to the agreement. The Commission concluded that, overall, the proposed agreement provided for fair and reasonable terms and conditions, and approved the Sibelco Australia Limited - Caroline Enterprise Agreement 2014.

The Commission ordered that the Sibelco Australia Limited - Caroline Enterprise Agreement 2014 be approved, subject to the minor amendments required to bring the agreement into compliance with the relevant minimum standards. The parties were directed to make the necessary amendments to the agreement and lodge the amended agreement with the Commission within a specified timeframe.

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