Sibelco Australia Limited

[2013] FWCA 10114

[2013] FWCA 10114

FAIR WORK COMMISSION

DECISION

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

Sibelco Australia Limited
(AG2013/10343)

SIBELCO AUSTRALIA LIMITED LILYDALE PRODUCTION ENTERPRISE AGREEMENT 2013

Mining industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 20 DECEMBER 2013

Application for approval of the Sibelco Australia Limited Lilydale Production Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Sibelco Australia Limited Lilydale Production Enterprise Agreement 2013 (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. An undertaking concerning clause 6.1(d) (annual leave loading) has been provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[3] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 27 December 2013. The nominal expiry date of the Agreement is 19 December 2017.

SENIOR DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

<Price code G, AE406074  PR546201>