Sandvik Mining and Construction Australia Pty Ltd

[2015] FWCA 8718

[2015] FWCA 8718

FAIR WORK COMMISSION

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

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