DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sandvik Mining and Construction Australia Pty Ltd
(AG2015/7580)

SANDVIK MINING AND CONSTRUCTION - HEATHERBRAE SITE ENTERPRISE AGREEMENT 2015 - 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 17 DECEMBER 2015

Application for approval of the Sandvik Mining and Construction - Heatherbrae Site Enterprise Agreement 2015 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Sandvik Mining and Construction - Heatherbrae Site Enterprise Agreement 2015 - 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 17 December 2015 and, in accordance with s.54, will operate from 24 December 2015. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Sandvik Mining and Construction Australia Pty Ltd for approval of the Sandvik Mining and Construction - Heatherbrae Site Enterprise Agreement 2015-2016. The application was made under section 231 of the Fair Work Act 2009, seeking the agreement to be registered and thus become a legally binding instrument.

The legal issues at the forefront of the case were whether the agreement was a "good faith" bargaining product, whether it was fairly and accurately described in the bargaining process, and whether the agreement was in compliance with the relevant provisions of the Fair Work Act. Additionally, the Commission examined whether the agreement adequately covered all the prescribed matters and whether it had been appropriately certified by the Australian Council of Trade Unions.

In determining the application, the Fair Work Commission reviewed the submissions and evidence provided by both parties. The Commission concluded that the agreement was indeed the product of good faith bargaining and was accurately described to the employees. It also found that the agreement met all the necessary legislative requirements, including covering all the prescribed matters. The Commission approved the application and ordered that the Sandvik Mining and Construction - Heatherbrae Site Enterprise Agreement 2015-2016 be registered, thus making it a legally binding document for the duration specified.

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