Sibelco Australia Limited Summary

[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

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, Sibelco Australia Limited applied for the approval of the Sibelco Australia Limited Lilydale Production Enterprise Agreement 2013. The dispute centred on the terms and conditions of employment for the employees covered by the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issue for the Commission to address was whether the agreement satisfied the criteria outlined in section 230 of the Fair Work Act. Specifically, the Commission needed to ascertain whether the agreement provided for a direct, clear, and unambiguous expression of the terms and conditions of employment, and whether it had been made in good faith and without coercion. Additionally, the Commission had to consider whether the agreement met the minimum requirements for the provision of employee protections and entitlements.

In its decision, the Commission carefully examined the proposed agreement, assessing its compliance with the statutory provisions. The Commission found that the agreement was clear and unambiguous, contained terms and conditions that were directly related to the employment of the workers, and had been made in good faith. The Commission was satisfied that the agreement provided for adequate employee protections and entitlements, including minimum wages, leave entitlements, and other conditions of employment. Consequently, the Commission approved the agreement, recognising it as a valid and enforceable enterprise agreement under the Fair Work Act.

The Fair Work Commission approved the Sibelco Australia Limited Lilydale Production Enterprise Agreement 2013, confirming its compliance with the legal requirements under the Fair Work Act. This decision provides clarity for both the employer and employees regarding the terms and conditions of their employment, and establishes a framework for the ongoing relationship between the parties.

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