Sibelco Australia Limited

[2014] FWCA 6412

FAIR WORK COMMISSION

DECISION

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

Sibelco Australia Limited
(AG2014/7101)

SIBELCO AUSTRALIA LIMITED CALLIOPE ENTERPRISE AGREEMENT 2014

Quarrying industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 12 SEPTEMBER 2014

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

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

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), and The Australian Workers’ Union (AWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that the organisations want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] Undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[5] The Agreement is approved and, in accordance with s.54, will operate from 19 September 2014. The nominal expiry date of the Agreement is 12 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sibelco Australia Limited applied to the Fair Work Commission for approval of the Sibelco Australia Limited Calliope Enterprise Agreement 2014. The applicant, a mining company, and the respondents, a trade union and a group of employees, were parties to an enterprise agreement that was due to expire. The union sought changes to the proposed agreement, including improvements to employee entitlements and conditions of work, while the company argued that the proposed agreement was fair and reasonable.

The Commission was required to determine whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for the proper regulation of workplace relations, including terms and conditions of employment, and whether it had been made in good faith and without coercion.

The Commission found that the proposed agreement was fair and reasonable and met the criteria for approval. The Commission considered that the proposed agreement provided for appropriate terms and conditions of employment, including fair remuneration and reasonable working hours, and that it had been made in good faith and without coercion. The Commission also noted that the agreement provided for the proper regulation of workplace relations and was in the best interests of the employees.

The Commission approved the Sibelco Australia Limited Calliope Enterprise Agreement 2014. The agreement was to be registered with the Fair Work Commission and would be in effect from the date of registration until the earlier of the parties agreeing to vary or terminate the agreement, or the agreement being terminated by the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established