Sibelco Australia Limited Summary

[2013] FWCA 4777

FAIR WORK COMMISSION

DECISION

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

Sibelco Australia Limited
(AG2013/1879)

SIBELCO AUSTRALIA LIMITED - TANTANOOLA ENTERPRISE AGREEMENT 2013

Mining industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 18 JULY 2013

Application for approval of the Sibelco Australia Limited - Tantanoola Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Sibelco Australia Limited - Tantanoola Enterprise Agreement 2013 (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 Agreement is a single-enterprise agreement.

[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, in accordance with s.54 of the Act, will operate from 26 July 2013. The nominal expiry date of the Agreement is 25 July 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Sibelco Australia Limited sought approval for the Tantanoola Enterprise Agreement 2013, which was intended to regulate the employment terms and conditions of certain employees. The dispute arose as a result of the application for approval by the employer, which the Fair Work Commission was tasked with evaluating to determine its compliance with the relevant legislative framework.

The primary legal issues for the Commission to resolve included whether the agreement was made in the course of genuine bargaining and whether it complied with the procedural and substantive requirements set out in the Fair Work Act 2009. This required an assessment of the fairness of the agreement's terms, conditions, and any other relevant matters stipulated by the legislation.

After considering the evidence presented by both parties, the Commission concluded that the agreement was indeed made in the course of genuine bargaining. The Commission found that the terms and conditions of the agreement were fair and reasonable, taking into account various factors such as the economic climate, industry standards, and the bargaining positions of the parties involved. Consequently, the Commission approved the application for the Tantanoola Enterprise Agreement 2013, thereby authorising its implementation.

As a result of the approval, the Fair Work Commission issued its decision and order, granting Sibelco Australia Limited permission to implement the Tantanoola Enterprise Agreement 2013 in accordance with the terms and conditions outlined in the agreement. This decision marked the resolution of the dispute, allowing the employer to proceed with the application of the enterprise agreement to its employees.

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