DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sandvik Mining and Construction Australia Pty Limited
(AG2019/3419)

SANDVIK – HEATHERBRAE SITE ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 15 OCTOBER 2019

Application for approval of the Sandvik – Heatherbrae Site Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Sandvik – Heatherbrae Site Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 22 October 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sandvik Mining and Construction Australia Pty Limited applied to the Fair Work Commission for approval of the Sandvik – Heatherbrae Site Enterprise Agreement 2019. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The key legal issues were whether the agreement contained all the required minimum terms and conditions, and whether it was made in good faith and through proper bargaining procedures.

The Fair Work Commission found that the agreement contained all the mandated minimum terms and conditions. It concluded that the agreement was made in good faith and that the bargaining procedures complied with the relevant legislation. The Commission also considered the submissions made by the CFMEU, but found that they did not establish that the agreement did not meet the statutory requirements. The application was therefore approved, and the Sandvik – Heatherbrae Site Enterprise Agreement 2019 was registered.

The Commission emphasised the importance of ensuring that enterprise agreements contain all the required minimum terms and conditions, and that they are made in good faith and through proper bargaining procedures. The Commission also noted the importance of ensuring that all parties have the opportunity to participate in the bargaining process and to make submissions on the proposed agreement. The Commission approved the application and registered the agreement.

Sandvik Mining and Construction Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established