DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sibelco Australia Limited
(AG2018/7421)

SIBELCO AUSTRALIA LIMITED CALLIOPE ENTERPRISE AGREEMENT 2019

Quarrying industry
COMMISSIONER WILSON	MELBOURNE, 20 MARCH 2019

Application for approval of the Sibelco Australia Limited Calliope Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Sibelco Australia Limited Calliope Enterprise Agreement 2019 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2019. The nominal expiry date of the Agreement is 27 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

In the Fair Work Commission, Sibelco Australia Limited applied for the approval of the Sibelco Australia Limited Calliope Enterprise Agreement 2019. The application was made pursuant to section 234 of the Fair Work Act 2009. The dispute arose from negotiations between the applicant and the trade union, Australian Manufacturing Workers’ Union Queensland Branch, concerning the terms and conditions of employment for certain employees. The Commission was required to determine whether the agreement met the requirements of section 233 of the Act, which mandates that an enterprise agreement must provide for, amongst other things, the terms and conditions of employment of the employees covered by the agreement.

The central legal issue before the Commission was whether the proposed agreement complied with the statutory requirements of the Fair Work Act 2009. Specifically, the Commission had to examine whether the agreement appropriately addressed the prescribed minimum terms and conditions, and whether it provided for fair and reasonable terms and conditions of employment. The Commission also needed to consider whether the agreement was made in good faith and whether it was free from any improper influence or coercion. Furthermore, the Commission assessed whether the agreement contained appropriate dispute resolution mechanisms and if it met the criteria for being a simple, fair, and efficient agreement.

After reviewing the evidence and submissions from both parties, the Commission determined that the agreement complied with the statutory requirements. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, incorporated the prescribed minimum terms and conditions, and included appropriate dispute resolution mechanisms. The Commission was satisfied that the agreement was made in good faith and was free from any improper influence or coercion. The Commission approved the Sibelco Australia Limited Calliope Enterprise Agreement 2019, as it met the criteria set out in section 233 of the Fair Work Act 2009.

As a result of the Commission’s approval, the Sibelco Australia Limited Calliope Enterprise Agreement 2019 is now a registered enterprise agreement. This means that the terms and conditions outlined in the agreement will apply to the employees covered by the agreement, and the agreement will take precedence over any inconsistent terms in the relevant modern award. The approval of the agreement ensures that the parties have a legally binding framework to govern their employment relationship, providing certainty and stability for both Sibelco Australia Limited and the employees.

Sibelco Australia Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established