Sandvik Mining And Construction Australia Pty Ltd

[2022] FWCA 4612

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sandvik Mining And Construction Australia Pty Ltd

(AG2022/5293)

Sandvik - Heatherbrae Site Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 30 DECEMBER 2022

Application for approval of the Sandvik - Heatherbrae Site Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Sandvik - Heatherbrae Site Enterprise Agreement 2022 (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.

The Employer 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. The undertakings are taken to be a term of the agreement.

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 January 2023. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sandvik Mining and Construction Australia Pty Ltd applied to the Fair Work Commission for approval of the Sandvik-Heatherbrae Site Enterprise Agreement 2022. The applicant is an employer and the respondent is a registered organisation representing employees. The dispute concerned the terms and conditions of employment of the employees covered by the proposed agreement. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for minimum terms and conditions of employment, was free from prohibited content, and had been genuinely agreed to by the parties. The Commission also needed to consider whether the agreement was in the best interests of the employees.

After reviewing the evidence and submissions from both parties, the Fair Work Commission found that the proposed enterprise agreement was compliant with the statutory requirements. The Commission determined that the agreement provided for all minimum terms and conditions, was free from prohibited content, and had been genuinely agreed to by the parties. The Commission was satisfied that the agreement was in the best interests of the employees, taking into account the overall benefits it provided. Consequently, the Commission approved the Sandvik-Heatherbrae Site Enterprise Agreement 2022.

The Fair Work Commission approved the Sandvik-Heatherbrae Site Enterprise Agreement 2022, finding it to be compliant with the statutory requirements and in the best interests of the employees. The Commission's decision provided certainty to both the employer and the employees regarding the terms and conditions of employment moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established