DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sibelco Lime Pty Ltd
(AG2019/2249)

SIBELCO LIME PTY LTD BUCHAN ENTERPRISE AGREEMENT 2019

Quarrying industry
COMMISSIONER JOHNS	SYDNEY, 10 JULY 2019

Application for approval of the Sibelco Lime Pty Ltd Buchan Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Sibelco Lime Pty Ltd Buchan Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sibelco Lime Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 July 2019. The nominal expiry date of the Agreement is 11 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sibelco Lime Pty Ltd sought approval of the Buchan Enterprise Agreement 2019 in the Fair Work Commission. The application centred on the fairness and compliance of the agreement with relevant federal workplace laws. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval, including that it did not adversely affect employees' general rights and conditions of employment and that it was fairly and appropriately negotiated.

The primary legal issues revolved around the adequacy of the negotiation process and the substantive fairness of the agreement's terms. The commission examined whether the agreement was genuinely negotiated between the employer and the employees' representative, and if it provided for fair and reasonable terms and conditions of employment. Further, it assessed whether the agreement complied with all relevant legislative requirements, including those pertaining to minimum wages, penalty rates, and other entitlements.

The Fair Work Commission found that the negotiation process was appropriate and that the agreement's terms were fair and reasonable. It determined that the agreement did not adversely affect the general rights and conditions of the employees and was compliant with all relevant federal workplace laws. Consequently, the commission approved the Buchan Enterprise Agreement 2019, affirming that it met all the necessary criteria for such approval.

Sibelco Lime 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