DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sibelco Australia Limited
(AG2018/7383)

SIBELCO AUSTRALIA LIMITED - CAROLINE ENTERPRISE AGREEMENT 2019

Quarrying industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 12 MARCH 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Sibelco Australia Limited - Caroline 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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 12 March 2019 and, in accordance with s.54, will operate from 19 March 2019. The nominal expiry date of the Agreement is 19 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Sibelco Australia Limited, the applicant, seeking approval for the Sibelco Australia Limited - Caroline Enterprise Agreement 2019. The application was brought before the Fair Work Commission, with the Fair Work Australia (Commission) as the respondent. The applicant aimed to have the proposed agreement recognised as a registered agreement under the Fair Work Act 2009, allowing it to be enforced without further individual agreements between the employer and employees.

The central legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for terms and conditions that were at least as favourable as the relevant national workplace determination and if it was made in good faith. Additionally, the Commission considered whether the agreement complied with the requirements for a fair and reasonable agreement, including the provision of procedural fairness to the parties involved.

The Commission found that the agreement provided terms and conditions at least as favourable as the relevant national workplace determination. It also concluded that the agreement was made in good faith and met the requirements for a fair and reasonable agreement. The Commission emphasised the importance of procedural fairness and noted that the applicant had provided adequate information and opportunities for consultation during the agreement's negotiation process. As a result, the Commission approved the Sibelco Australia Limited - Caroline Enterprise Agreement 2019.

The Commission issued an order approving the Sibelco Australia Limited - Caroline Enterprise Agreement 2019 as a registered agreement under the Fair Work Act 2009, effective from the date of the order. The agreement was to be registered and published in accordance with the Act. This decision allowed the agreement to be enforced without the need for individual agreements between the employer and employees covered by the agreement.

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