Sibelco Australia Limited Pty Ltd

[2021] FWCA 2896

[2021] FWCA 2896

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sibelco Australia Limited Pty Ltd
(AG2021/5075)

MILES ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 20 MAY 2021

Application for approval of the Miles Enterprise Agreement 2021.

[1] Sibelco Australia Limited has applied for approval of a single enterprise agreement known as the Miles Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised a concern about whether the Agreement passes the better off overall test.

[3] A written undertaking was given in accordance with s.190 of the Act and is attached at Annexure A (Undertaking). The employee bargaining representatives did not oppose the Undertaking. I am satisfied that the Undertaking will not cause financial detriment to any employee covered by the Agreement and that the Undertaking will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertaking is taken to be a term of the Agreement.

[4] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertaking, 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.

[5] The Agreement was approved on 20 May 2021 and, notwithstanding clause 1.3.1 and in accordance with s.54, will operate from 27 May 2021. The nominal expiry date of the Agreement is 27 May 2023.

[6] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE511540  PR730014>

Annexure A

 1   The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.