DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sandvik Mining and Construction Australia Pty Ltd
(AG2016/6804)

SANDVIK MINING AND ROCK TECHNOLOGY - NORTH PARKES ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 14 DECEMBER 2016

Application for approval of the Sandvik Mining and Rock Technology - North Parkes Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Sandvik Mining and Rock Technology - North Parkes 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 December 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sandvik Mining and Construction Australia Pty Ltd recently appeared before the Fair Work Commission to seek approval for the Sandvik Mining and Rock Technology - North Parkes Enterprise Agreement 2016. This enterprise agreement was proposed to govern the employment terms and conditions of the company's employees. The application for approval was contested by the Australian Manufacturing Workers Union, which argued that the agreement did not adequately protect employees' interests.

The primary legal issues before the commission were whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the relevant provisions of the Fair Work Act 2009. The commission had to consider whether the agreement met the 'better off overall test', ensuring that employees were not worse off than under the applicable award or other relevant agreements. The commission also needed to determine if the agreement was made in good faith and if the bargaining process adhered to the statutory requirements.

In delivering its decision, the commission found that the proposed agreement met the 'better off overall test' for all employees, as it provided for a combination of increased wages, improved leave entitlements, and other benefits that outweighed any potential disadvantages. The commission noted that the agreement included provisions for consultation and communication, which were essential for maintaining a healthy workplace environment. The commission also concluded that the agreement was made in good faith, and the bargaining process was conducted in accordance with the law. As a result, the commission approved the application for the agreement to be registered.

Consequently, the Sandvik Mining and Rock Technology - North Parkes Enterprise Agreement 2016 was registered, and its terms and conditions will now govern the employment relationship between Sandvik Mining and Construction Australia Pty Ltd and its employees. The agreement will remain in force until the earlier of its expiration or the making of a new enterprise 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