Sandvik Mining And Construction Australia Pty Ltd

[2020] FWCA 3393

[2020] FWCA 3393

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
(AG2020/1478)

SANDVIK - WAREHOUSING OPERATIONS ENTERPRISE AGREEMENT 2020

Storage services
DEPUTY PRESIDENT LAKE	BRISBANE, 29 JUNE 2020

Application for approval of the Sandvik - Warehousing Operations Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Sandvik – Warehousing Operations Enterprise Agreement 2020 (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] Mr Paul Richardson, Director of the United Workers Union (UWU), filed a Form F18 statutory declaration declaring the UWU was a bargaining representative for the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it.

[3] The matter was allocated to my Chambers and correspondence was sent to the Applicant raising certain concerns regarding the Agreement. As a result, the Applicant has provided undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the UWU and employee bargaining representatives regarding the undertakings. No views were expressed by the UWU or the bargaining representatives relevant to the undertakings.

[4] 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. Pursuant to s. 190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[5] In accordance with s.201(2), I note the Agreement covers the UWU.

[6] I have taken into consideration the material filed in the Commission. Subject to the matters referred to above, I am satisfied that each requirements of ss. 186, 187, 188 and 190 as are relevant for this application for approval have been met.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate form 6 July 2020. The nominal expiry date of the Agreement is 31 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A.