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

Annexure A

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

CaseChat Overview and Summary

Sibelco Australia Limited Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of the Miles Enterprise Agreement 2021. The application was brought by the employer, Sibelco Australia Limited Pty Ltd, seeking endorsement of the agreement that had been negotiated with the union representing the employees. The union, in turn, had endorsed the agreement, subject to the Commission’s approval. The dispute centred around whether the terms and conditions of the proposed agreement complied with the relevant provisions of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for minimum rates of pay and conditions that met the safety net requirements, whether it allowed for appropriate flexibility and fairness in the workplace, and whether it complied with any specific provisions or standards set out in the Fair Work Act or related instruments. Furthermore, the Commission had to ensure that the agreement did not unjustifiably discriminate against any group of employees and that it was in line with broader economic and social policies.

In delivering its decision, the Commission considered the provisions of the Fair Work Act and relevant case law. The Commission found that the agreement met the safety net requirements, provided for adequate flexibility and fairness, and did not unjustifiably discriminate against any group of employees. The Commission also noted that the agreement was in line with broader economic and social policies. Consequently, the Commission approved the Miles Enterprise Agreement 2021, subject to certain minor amendments to ensure compliance with specific provisions of the Fair Work Act.

The Fair Work Commission approved the Miles Enterprise Agreement 2021, with minor amendments to ensure full compliance with the Fair Work Act. This decision confirms the agreement as a legally binding framework for the employment relationship between Sibelco Australia Limited Pty Ltd and its employees, subject to the terms and conditions set out in the approved agreement.

Sibelco Australia Limited Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established