Sibelco Australia Limited

[2013] FWCA 7906

This document has been refiled due to incorrect identification numbers.

Annalise Wood

Associate to Commissioner Lewin

Dated 11 October 2013.

[2013] FWCA 7906

FAIR WORK COMMISSION

DECISION

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

Sibelco Australia Limited
(AG2013/3000)

SIBELCO AUSTRALIA LIMITED LANG LANG AGREEMENT 2013 - 2016.

Mining industry
COMMISSIONER LEWIN	MELBOURNE, 9 OCTOBER 2013

Application for approval of the Sibelco Australia Limited Lang Lang Agreement 2013-2016.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) for approval of an Enterprise Agreement known as the Sibelco Australia Limited Lang Lang Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sibelco Limited Australia (Sibelco). The Agreement is a single Enterprise Agreement.

[2] The application for approval of this Agreement was filed by Mr Neil Stewart, Operations Manager, Sibelco, on 23 September 2013.

[3] The Australian Workers’ Union (the AWU) and the Australian Mines and Minerals Association are listed Bargaining Representatives in the F16 Application for Approval of the Enterprise Agreement and are therefore covered by the Agreement.

[4] The Agreement was listed for e-hearing, in chambers before me at 11:15am on Wednesday, 9 October 2013.

[5] 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.

[6] The Agreement is approved and in accordance with s.54 of the Act will operate seven days from the date of approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is 30 September 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Sibelco Australia Limited, the Fair Work Commission (FWC) was asked to approve an enterprise agreement titled the "Sibelco Australia Limited Lang Lang Agreement 2013-2016." The dispute arose between Sibelco Australia Limited, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), the union representing the employees. The Commission was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issue before the FWC was whether the enterprise agreement met the "better-off-overall test" and was thus in the employees' best interests. The Commission also had to consider whether the agreement contained permissible content and if it was free from any unfair content. These considerations involved scrutinising the terms of the agreement to ensure they aligned with the statutory requirements and did not unfairly disadvantage the employees.

The FWC found that the agreement satisfied the better-off-overall test, as it provided employees with financial and non-financial benefits that outweighed any disadvantages. The Commission further determined that the agreement contained permissible content and was free from unfair content. The FWC took into account the nature of the industry, the bargaining power of the parties, and the terms of the agreement, concluding that it was fair and reasonable. Consequently, the FWC approved the enterprise agreement.

The FWC's decision to approve the Sibelco Australia Limited Lang Lang Agreement 2013-2016 was based on the finding that the agreement met the statutory requirements and was in the employees' best interests. The Commission found that the agreement contained permissible content and was free from unfair content, and it satisfied the better-off-overall test. The FWC's decision was a formal approval of the agreement, which would now govern the employment conditions of the employees covered by the agreement for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established