Sandvik Mining And Construction Australia Pty Ltd

[2024] FWCA 4510

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sandvik Mining And Construction Australia Pty Ltd

(AG2024/4826)

SANDVIK – HEATHERBRAE SITE ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER CRAWFORD	SYDNEY, 16 DECEMBER 2024

Application for approval of the Sandvik – Heatherbrae Site Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Sandvik – Heatherbrae Site Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Sandvik Mining and Construction Australia Pty Ltd. The Agreement is a single enterprise agreement.

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

Noting clause 6.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the AMWU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for the approval of the Sandvik – Heatherbrae Site Enterprise Agreement 2024 was heard by the Fair Work Commission. The applicant, Sandvik Mining and Construction Australia Pty Ltd, sought the commission’s approval of the proposed enterprise agreement, which was intended to regulate the employment terms and conditions of its employees at the Heatherbrae site. The application was brought under section 231 of the Fair Work Act 2009, which mandates that certain agreements receive the commission’s approval before they can be enforced.

The primary legal issues before the commission were whether the proposed agreement complied with the procedural and substantive requirements of the Fair Work Act. Procedurally, the commission had to determine if the agreement had been negotiated in good faith and if it had been properly presented to the employees for their consideration. Substantively, the commission assessed whether the agreement provided for terms and conditions that were not less favourable than the relevant award or safety net provisions. Additionally, the commission examined if the agreement contained appropriate dispute resolution mechanisms and if it adhered to the principles of genuine bargaining and fairness.

The commission found that the agreement was negotiated in good faith and that the necessary procedural steps had been followed. It also determined that the terms and conditions of the agreement were not less favourable than the relevant safety net provisions. Furthermore, the commission was satisfied that the agreement included appropriate dispute resolution mechanisms and that it complied with the principles of genuine bargaining and fairness. Consequently, the commission approved the Sandvik – Heatherbrae Site Enterprise Agreement 2024 under section 231 of the Fair Work Act. The agreement is now enforceable as of the date of the commission’s approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established