DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sibelco Australia Limited
(AG2018/2130)

SIBELCO AUSTRALIA LIMITED NORTH STRADBROKE ISLAND MINERAL SANDS ENTERPRISE AGREEMENT 2018

Mining industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 OCTOBER 2018

Application for approval of the Sibelco Australia Limited North Stradbroke Island Mineral Sands Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Sibelco Australia Limited North Stradbroke Island Mineral Sands Enterprise Agreement 2018 (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 Australian Workers’ Union, and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2018. The nominal expiry date of the Agreement is 29 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant Sibelco Australia Limited sought approval for the North Stradbroke Island Mineral Sands Enterprise Agreement 2018. The dispute involved the terms of the agreement between the company and its employees, specifically concerning the proposed changes to the employment conditions, including wages, hours, and other working arrangements.

The primary legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009, including being a bona fide agreement, free from coercion or unfair terms, and meeting the 'better off overall' test. The Commission had to assess whether the agreement provided fair and reasonable terms and conditions of employment and if it complied with the procedural requirements for approval.

The Commission found that the agreement was a bona fide enterprise agreement, having been negotiated in good faith between the parties. It was determined that the agreement was free from any form of coercion and did not contain any unfair terms. The 'better off overall' test was also satisfied, as the Commission concluded that the overall benefits of the agreement outweighed any detriments for the majority of the employees. Given these findings, the Commission approved the agreement.

The Fair Work Commission approved the North Stradbroke Island Mineral Sands Enterprise Agreement 2018, effective from 1 April 2018. This decision was based on the determination that the agreement was negotiated in good faith, free from coercion and unfair terms, and met the 'better off overall' test. The approval was granted in accordance with the Fair Work Act 2009.

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