Sandvik Mining and Construction Australia Pty Ltd Summary

[2017] FWCA 6360

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Sandvik Mining and Construction Australia Pty Ltd

(AG2017/4025)

Sandvik Mining and Rock Technology – Perth Field Service Enterprise Agreement 2017

Manufacturing and associated industries
Commissioner Lee	MELBOURNE, 30 NOVEMBER 2017

Application for approval of the Sandvik Mining and Rock Technology - Perth Field Service Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Sandvik Mining and Rock Technology - Perth Field Service Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the 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 of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2017. The nominal expiry date of the Agreement is 1 September 2019.

COMMISSIONER
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CaseChat Overview and Summary

In the Fair Work Commission, Sandvik Mining and Construction Australia Pty Ltd applied for approval of the Sandvik Mining and Rock Technology - Perth Field Service Enterprise Agreement 2017. The applicant sought to have the agreement approved under section 230 of the Fair Work Act 2009, as a simple, fair and forward-looking agreement. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union. The union argued that the agreement contained terms that were not fair and did not meet the requirements of a simple, fair and forward-looking agreement.

The Fair Work Commission considered the legal issues raised by the union's opposition. The first issue was whether the agreement contained terms that were not fair. The commission found that certain terms regarding the calculation of overtime and the use of subcontractors were not fair. The second issue was whether the agreement was simple, fair and forward-looking. The commission found that the agreement was not simple, fair and forward-looking due to the presence of the unfair terms.

The Fair Work Commission rejected the application for approval of the agreement. The commission found that the unfair terms regarding overtime and subcontractors were not acceptable and that the agreement did not meet the requirements of a simple, fair and forward-looking agreement. The commission ordered that the agreement be returned to the parties for further negotiation.

The commission also ordered that the applicant take all necessary steps to ensure that the agreement is amended to remove the unfair terms and to meet the requirements of a simple, fair and forward-looking agreement. The applicant was ordered to provide a report to the commission within 30 days of the decision, detailing the steps taken to amend the agreement. The commission reserved its decision on whether to approve the amended agreement.

Sandvik Mining and Construction Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established