DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sandvik Mining and Construction Australia Pty Ltd
(AG2017/1843)

SANDVIK MINING AND ROCK TECHNOLOGY - WESTERN NSW AND SA ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 JULY 2017

Application for approval of the Sandvik Mining and Rock Technology - Western NSW and SA Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Sandvik Mining and Rock Technology – Western NSW and SA 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.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 Agreement was approved on 21 July 2017 and, in accordance with s.54, will operate from 28 July 2017. The nominal expiry date of the Agreement is 1 May 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sandvik Mining and Construction Australia Pty Ltd applied for approval of the Sandvik Mining and Rock Technology - Western NSW and SA Enterprise Agreement 2017 before the Fair Work Commission. The application involved the terms and conditions of employment for employees within the specified regions. The legal issues before the Commission centred on whether the agreement met the necessary requirements for approval under the Fair Work Act 2009, including whether the agreement provided for minimum rates of pay and conditions, and whether it complied with the procedural requirements for the approval of enterprise agreements. The Commission examined the provisions of the agreement, the process by which it was negotiated, and whether it provided for the proper bargaining of terms and conditions of employment. The Commission found that the agreement met the necessary criteria for approval. The agreement provided for minimum rates of pay and conditions, and the process by which it was negotiated was compliant with the requirements of the Act. The Commission approved the enterprise agreement, and it is now legally binding on the parties involved. The decision highlights the importance of ensuring that enterprise agreements comply with the relevant legislative framework and that the negotiation process is properly conducted.

Sandvik Mining and Construction Australia 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