Sandvik Mining and Construction Australia Pty Ltd

[2021] FWCA 5575

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sandvik Mining and Construction Australia Pty Ltd
(AG2021/6983)

SANDVIK OPERATIONS FIELD SUPPORT ENTERPRISE AGREEMENT 2021

Mining industry
COMMISSIONER SPENCER	BRISBANE, 14 SEPTEMBER 2021

Application for approval of the Sandvik Operations Field Support Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Sandvik Operations Field Support Enterprise Agreement 2021 (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 Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 September 2021. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission considered an application by Sandvik Mining and Construction Australia Pty Ltd for the approval of the Sandvik Operations Field Support Enterprise Agreement 2021. The application was brought under section 232 of the Fair Work Act 2009. The agreement was intended to govern the terms and conditions of employment for field support technicians employed by Sandvik. The primary dispute centred on whether the proposed agreement met the legal requirements for approval, specifically focusing on whether it provided for fair and reasonable terms and conditions and whether it complied with procedural fairness.

The Commission had to determine whether the agreement provided for fair and reasonable terms and conditions of employment, taking into account various factors such as the bargaining power of the parties, the nature of the industry, and the overall fairness of the agreement. Additionally, the Commission examined whether the agreement was made in good faith and whether there was procedural fairness in its creation. The parties' submissions and evidence provided insights into the negotiation process and the considerations that underpinned the terms of the agreement.

The Commission found that the agreement provided for fair and reasonable terms and conditions of employment. It noted that the agreement was the result of good faith negotiations and that the parties had balanced their respective interests. The Commission was satisfied that the agreement complied with procedural fairness, as the process involved meaningful consultation and the opportunity for the employees to be represented. Consequently, the Commission approved the application and certified the agreement as meeting the requirements of the Fair Work Act.

The Fair Work Commission approved the Sandvik Operations Field Support Enterprise Agreement 2021, certifying it as meeting the legal requirements for approval. The agreement will now govern the terms and conditions of employment for field support technicians employed by Sandvik Mining and Construction Australia Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established