Sandvik Mining and Construction Australia (Production Supply) Pty Ltd Summary

[2014] FWCA 2534

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sandvik Mining and Construction Australia (Production Supply) Pty Ltd
(AG2014/541)

SANDVIK MINING AND CONSTRUCTION AUSTRALIA (PRODUCTION SUPPLY) PTY LTD BAYSWATER FACILITY ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 2 MAY 2014

Application for approval of the Sandvik Mining and Construction Australia (Production Supply) Pty Ltd Bayswater Facility Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Sandvik Mining and Construction Australia (Production Supply) Pty Ltd Bayswater Facility Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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) of the Act 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 seven days from the date of this decision. The nominal expiry date of the Agreement is 30 September 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Sandvik Mining and Construction Australia (Production Supply) Pty Ltd sought approval of the Sandvik Mining and Construction Australia (Production Supply) Pty Ltd Bayswater Facility Enterprise Agreement 2013. The applicant sought to have the agreement approved as a safety net agreement for the purposes of the Fair Work Act 2009. The nature of the dispute involved the terms and conditions of employment of the employees working at the Bayswater facility, and the appropriate regulatory framework governing those terms and conditions.

The legal issues before the Commission included whether the agreement met the criteria for safety net approval under the Fair Work Act, and whether the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The Commission was also required to consider whether the agreement was consistent with the objectives of the Fair Work Act, including the promotion of harmonious, productive and cooperative workplace relations.

The Commission found that the agreement met the criteria for safety net approval and provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The Commission noted that the agreement provided for minimum wages and conditions of employment that were consistent with the safety net provided by the Fair Work Act. The Commission also found that the agreement was consistent with the objectives of the Fair Work Act, including the promotion of harmonious, productive and cooperative workplace relations. The Commission approved the agreement as a safety net agreement, subject to certain modifications to address minor technical issues.

The final orders of the Commission included the approval of the agreement as a safety net agreement, subject to the modifications noted by the Commission. The orders also included provisions for the agreement to be registered with the Fair Work Commission and for the agreement to be brought into effect on a specified date. The orders further provided for the agreement to be open for nomination by employees for a period of six months from the date of registration, and for any disputes arising under the agreement to be referred to the Fair Work Commission for resolution.

Sandvik Mining and Construction Australia (Production Supply) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established