Sibelco Australia Limited Summary

[2014] FWCA 2715

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sibelco Australia Limited
(AG2014/838)

SIBELCO AUSTRALIA LIMITED MILES ENTERPRISE AGREEMENT 2014

Mining industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 24 APRIL 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Sibelco Australia Limited Miles Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] 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.

[3] The Agreement is approved and will operate from 5 May 2014. The nominal expiry date of the Agreement is 4 May 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, Sibelco Australia Limited sought approval for the Miles Enterprise Agreement 2014, which would apply to its employees at the Miles mine in Queensland. The dispute arose from the terms of the proposed agreement, which the company sought to have certified as a modern award. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was a bona fide enterprise agreement, if it had been appropriately negotiated, and if it complied with the procedural and substantive requirements set out in the Fair Work Act. The Commission had to assess if the agreement had been made in good faith, and if it provided for the terms and conditions of employment of the employees covered by the agreement. Additionally, the Commission needed to consider whether the agreement had been properly presented to the employees and if the required majority had voted in favour of the agreement.

In its decision, the Commission found that the Miles Enterprise Agreement 2014 was a bona fide enterprise agreement that had been negotiated in good faith. The Commission was satisfied that the agreement had been presented to the employees and that the required majority had voted in favour of the agreement. The Commission also found that the agreement met the procedural and substantive requirements of the Fair Work Act, and that it provided for the terms and conditions of employment of the employees covered by the agreement. Accordingly, the Commission approved the Miles Enterprise Agreement 2014, and it will now apply to the employees at the Miles mine in Queensland.

The Commission made an order approving the Miles Enterprise Agreement 2014 as a modern award, effective from the date of the decision. The agreement will apply to all employees of Sibelco Australia Limited at the Miles mine in Queensland, and will override any inconsistent provisions in a registered award. The decision of the Commission is final and binding on the parties.

Sibelco Australia Limited

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