Sibelco Australia Limited Pty Ltd
[2021] FWCA 760
•12 FEBRUARY 2021
| [2021] FWCA 760 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Sibelco Australia Limited Pty Ltd
(AG2020/4162)
SIBELCO AUSTRALIA LIMITED NORTH STRADBROKE ISLAND MINERAL SANDS ENTERPRISE AGREEMENT 2021
Mining industry | |
COMMISSIONER LEE | MELBOURNE, 12 FEBRUARY 2021 |
Application for approval of the Sibelco Australia Limited North Stradbroke Island Mineral Sands Enterprise Agreement 2021.
[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 2021 (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 Pty Ltd. 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. The undertakings are taken to be a term of 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
• Clause 5.2 – Personal and Carers leave; and
• Clause 5.10 – Community Service Leave.
However, noting clause 1.4(c) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 February 2021. The nominal expiry date of the Agreement is 11 February 2025.
COMMISSIONER
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Annexure A
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