DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sibelco Australia Limited
(AG2018/5898)

SIBELCO AUSTRALIA LIMITED GALONG ENTERPRISE AGREEMENT 2018

Cement and concrete products
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 FEBRUARY 2019

Application for approval of the Silbeco Australia Limited Galong Enterprise Agreement 2018.

[1] Sibelco Australia Limited has made an application for approval of an enterprise agreement known as the Silbeco Australia Limited Galong Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 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. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 28 February 2019 and, in accordance with s 54, will operate from 7 March 2019. The nominal expiry date of the Agreement is 28 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sibelco Australia Limited recently faced a legal challenge regarding the approval of the Silbeco Australia Limited Galong Enterprise Agreement 2018. The Fair Work Commission was asked to determine whether the agreement met the necessary standards under the Fair Work Act 2009. This application came about as a result of negotiations between Sibelco and the Australian Manufacturing Workers’ Union, which led to the proposed agreement that now needed formal endorsement.

The central legal issue before the Commission was whether the agreement provided for the mandatory minimum entitlements of employees as required by the Fair Work Act. Specifically, the Commission had to assess if the agreement contained all the minimum terms and conditions outlined in the Fair Work Act and if it was free from any unlawful content. This included scrutinising provisions related to hours of work, overtime, penalty rates, and other employment conditions to ensure they aligned with statutory requirements.

The Commission examined the proposed agreement clause by clause, confirming that it indeed provided for all the mandatory minimum entitlements. It found that the agreement did not include any terms that were unlawful or otherwise contrary to the Fair Work Act. Consequently, the Commission approved the agreement, recognising that it met the necessary standards for endorsement. The decision was made in the context of ensuring that the agreement facilitated fair and reasonable terms for both Sibelco and its employees, while also complying with statutory obligations.

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