DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sandvik Mining and Construction Australia Pty Ltd
(AG2016/5746)

SANDVIK MINING AND CONSTRUCTION AUSTRALIA (PRODUCTION SUPPLY) PTY LTD BAYSWATER FACILITY ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 11 NOVEMBER 2016

Application for approval of the Sandvik Mining and Construction Australia (Production Supply) Pty Ltd Bayswater Facility Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Sandvik Mining and Construction Australia (Production Supply) Pty Ltd Bayswater Facility 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. 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.

[4] 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.

[5] The Agreement was approved on 11 November 2016 and, in accordance with s.54, will operate from 18 November 2016. The nominal expiry date of the Agreement is 31 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sandvik Mining and Construction Australia Pty Ltd, an employer, applied to the Fair Work Commission for approval of the Sandvik Mining and Construction Australia (Production Supply) Pty Ltd Bayswater Facility Enterprise Agreement 2016. The application was made by the employer, who argued that the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The Fair Work Commission was required to determine whether the agreement provided for fair and reasonable terms and conditions of employment, and whether the agreement complied with relevant legislative requirements.

The Commission considered the terms of the agreement and the evidence provided by both parties. The employer argued that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, leave, and other employment conditions. The employee representatives argued that the agreement did not provide for fair and reasonable terms and conditions of employment, and that the agreement should be rejected. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that the agreement complied with relevant legislative requirements. The Commission approved the agreement, subject to certain minor amendments.

The Court found that the agreement provided for fair and reasonable terms and conditions of employment, and that the agreement complied with relevant legislative requirements. The Court approved the agreement, subject to certain minor amendments. The Court noted that the agreement provided for a fair and reasonable process for resolving disputes between the employer and employees, and that the agreement provided for adequate protections for employees. The Court also noted that the agreement provided for a fair and reasonable process for making changes to the agreement in the future. The Court approved the agreement, subject to certain minor amendments, and ordered that the agreement be registered with the Fair Work Commission.

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