DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sandvik Mining And Construction Australia Pty Ltd
(AG2017/1197)

SANDVIK - HEATHERBRAE SITE ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 1 MAY 2017

Application for approval of the Sandvik - Heatherbrae Site Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Sandvik - Heatherbrae Site Enterprise Agreement 2016 (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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 1 May 2017 and, in accordance with s.54, will operate from 8 May 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sandvik Mining and Construction Australia Pty Ltd applied to the Fair Work Commission for approval of the Sandvik - Heatherbrae Site Enterprise Agreement 2016. The application was opposed by the Australian Manufacturing Workers' Union and three employees of Sandvik. The dispute centred around the scope and terms of the proposed agreement, particularly whether it adequately covered all employees and provided for fair terms and conditions. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees.

The court had to consider several legal issues, including whether the agreement was a genuine enterprise agreement, whether it was made in good faith, and if it provided for fair and reasonable terms and conditions for the employees. The opposition argued that the agreement did not adequately cover all employees and that certain terms were unfair. The court examined the process by which the agreement was made, the content of the agreement, and the fairness of the terms proposed.

In its decision, the Fair Work Commission found that the agreement was a genuine enterprise agreement made in good faith. The Commission held that the process followed in reaching the agreement was appropriate and that the terms and conditions were fair. The Commission was satisfied that the agreement covered all employees and that it provided for appropriate terms and conditions. Consequently, the application for approval of the agreement was successful.

The Fair Work Commission approved the Sandvik - Heatherbrae Site Enterprise Agreement 2016. The decision was made on the basis that the agreement met the statutory requirements and was in the best interests of the employees. The Commission's approval was subject to specific conditions, including the requirement for the agreement to be registered with the Fair Work Commission. The opposition's concerns were addressed and resolved, leading to the final approval of the agreement.

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