Sibelco Australia Limited Summary

[2014] FWCA 3853

FAIR WORK COMMISSION

DECISION

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

Sibelco Australia Limited
(AG2014/1190)

SIBELCO AUSTRALIA LIMITED GALONG ENTERPRISE AGREEMENT 2014

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 11 JUNE 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Sibelco Australia Limited Galong Enterprise Agreement 2014 (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 Applicant). The Agreement is a single-enterprise agreement.

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

[3] Fair Work Commission received correspondence dated 3 June 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Human Resources Advisor, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 11 June 2018.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sibelco Australia Limited sought approval for the Galong Enterprise Agreement 2014 from the Fair Work Commission. The agreement, which was negotiated between Sibelco and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), aimed to regulate the employment terms of certain employees within Sibelco's operations in Galong, New South Wales. The primary dispute centred on the fairness and compliance of the agreement under the Fair Work Act 2009.

The court was required to determine whether the agreement met the procedural fairness requirements, particularly focusing on whether there was genuine bargaining between the parties and whether the agreement was made in good faith. Additionally, the court had to assess whether the agreement complied with the 'better off overall test' (BOOT), ensuring that employees were not worse off financially compared to their previous conditions. Issues concerning the agreement's impact on employee rights and entitlements were also scrutinized.

The Fair Work Commission found that the agreement was genuinely bargained and made in good faith, fulfilling the procedural fairness requirements. The court held that the agreement did not result in employees being worse off overall, satisfying the BOOT. Furthermore, the Commission confirmed that the agreement did not unjustifiably diminish employees' rights or entitlements. Consequently, the application for approval was granted, and the Galong Enterprise Agreement 2014 was approved as a registered agreement.

The Fair Work Commission ordered the registration of the Sibelco Australia Limited Galong Enterprise Agreement 2014, effective from the date of the decision. This approval ensures that the terms and conditions set out in the agreement are legally binding on both Sibelco and the employees covered by the agreement.

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