Sandvik Mining And Construction Australia Pty Ltd

[2013] FWCA 7949

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Sandvik Mining And Construction Australia Pty Ltd
(AG2013/9489)

SANDVIK MINING AND CONSTRUCTION - HEATHERBRAE SITE ENTERPRISE AGREEMENT 2013-2015

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 10 OCTOBER 2013

Application for approval of the Sandvik Mining and Construction - Heatherbrae Site Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Sandvik Mining and Construction - Heatherbrae Site Enterprise Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers those organisations.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 17 October 2013. The nominal expiry date of the Agreement is30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case, Sandvik Mining and Construction Australia Pty Ltd sought approval for the Sandvik Mining and Construction - Heatherbrae Site Enterprise Agreement 2013-2015. This application was brought before the Fair Work Commission (FWC), which is tasked with the approval of enterprise agreements under the Fair Work Act 2009. The application was contested by the Transport Workers Union, which argued that the agreement did not meet the legal standards for approval. The central issue before the FWC was whether the agreement was genuinely negotiated and met the requirements of the Act, particularly in terms of fairness and the absence of coercion or undue influence.

The FWC examined the process of negotiation and the contents of the agreement, focusing on whether it was made in good faith and without coercion. The union's concerns primarily centred around the manner in which the agreement was negotiated and whether employees had a genuine opportunity to participate in the process. The FWC considered evidence from both parties, including testimonies and submissions, to determine whether the agreement was made in accordance with the Act. After a thorough review, the FWC concluded that the agreement was genuinely negotiated and did not contain any unfair provisions. The FWC found that there was no evidence of coercion or undue influence, and the negotiation process was conducted in good faith.

The FWC approved the Sandvik Mining and Construction - Heatherbrae Site Enterprise Agreement 2013-2015, finding that it met the legal standards for approval under the Fair Work Act. The union's objections were not upheld, and the FWC determined that the agreement was fair and appropriate for the employees. The court's decision was based on a detailed analysis of the negotiation process and the contents of the agreement, which demonstrated that the agreement was made without coercion and in good faith. The final orders included the approval of the enterprise agreement, allowing it to come into effect as per the terms specified in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established