Sibelco Australia Limited

[2019] FWCA 2998

[2019] FWCA 2998

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sibelco Australia Limited
(AG2019/1118)

SIBELCO AUSTRALIA LIMITED PINKENBA ENTERPRISE AGREEMENT 2019

Mining industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 MAY 2019

Application for approval of the Sibelco Australia Limited Pinkenba Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Sibelco Australia Limited Pinkenba Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sibelco Australia Limited. 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] I note that Clause 3.1 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 1.5 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The Agreement lodged contained a clause numbering error on page four. On 1 May 2019, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 May 2019. The nominal expiry date of the Agreement is 8 May 2021.

DEPUTY PRESIDENT

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<AE503214  PR707891>