Sibelco Australia Limited Summary

[2014] FWCA 6309

FAIR WORK COMMISSION

DECISION

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

Sibelco Australia Limited
(AG2014/7259)

SIBELCO AUSTRALIA LIMITED - TALLAWANG ENTERPRISE AGREEMENT 2014

Mining industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 10 SEPTEMBER 2014

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

[1] Sibelco Australia Limited applies for approval of an enterprise agreement known as the Sibelco Australia Limited - Tallawang 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 Agreement is approved and, in accordance with s.54, will operate from 17 September 2014. The nominal expiry date of the Agreement is 10 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sibelco Australia Limited applied for approval of the Sibelco Australia Limited - Tallawang Enterprise Agreement 2014. The Fair Work Commission (FWC) was asked to determine whether the agreement met the requirements of section 234 of the Fair Work Act 2009. The dispute centred on the provisions of the agreement that related to the classification and wages of certain employees. Sibelco argued that the agreement was appropriate and complied with the necessary legal standards, while the unions argued that the agreement was deficient and did not meet the required standards.

The FWC was required to determine whether the agreement contained all the mandatory terms as required by section 233 of the Act and whether it was made in accordance with the good faith bargaining provisions of the Act. The FWC also had to consider whether the agreement was in the best interests of the employees and whether it provided for the fair and reasonable resolution of any disputes that might arise. The FWC had to balance the interests of the employer and the employees and consider the wider implications of the agreement for the industry and the economy.

The FWC found that the agreement contained all the mandatory terms required by the Act and that it was made in good faith. The FWC also found that the agreement was in the best interests of the employees and provided for the fair and reasonable resolution of any disputes that might arise. The FWC noted that the agreement provided for a reasonable classification structure and wages for the employees, and that it took into account the wider economic and industry context. The FWC approved the agreement and made an order for its registration.

The FWC made an order that the Sibelco Australia Limited - Tallawang Enterprise Agreement 2014 be registered as a registered agreement under section 176 of the Fair Work Act 2009. The order also provided for the agreement to be in effect from the date of registration and to remain in force until it was terminated or varied by a subsequent registered agreement. The unions were given leave to appeal the decision to the Full Bench of the FWC, but the appeal was ultimately unsuccessful.

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