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

Annexure A.

CaseChat Overview and Summary

The Fair Work Commission (FWC) considered an application for the approval of the Sandvik - Warehousing Operations Enterprise Agreement 2020, made by Sandvik Mining and Construction Australia Pty Ltd. The application was made under section 231 of the Fair Work Act 2009, and the agreement was to apply to employees in the warehousing operations of the company. The dispute centred on whether the agreement met the criteria for approval, including whether it provided for fair and reasonable terms and conditions for the employees involved.

The legal issues before the FWC included whether the agreement provided for a safety net of minimum terms and conditions, and whether it included provisions for genuine collective bargaining. The FWC examined the agreement's provisions on wages, penalty rates, and other employment terms and conditions to determine whether they were fair and reasonable. The FWC also considered whether the agreement provided for the proper resolution of workplace issues and disputes.

The FWC found that the agreement provided for a safety net of minimum terms and conditions, and that the provisions were fair and reasonable. The FWC noted that the agreement included provisions for genuine collective bargaining and provided for the proper resolution of workplace issues and disputes. The FWC also found that the agreement met the other criteria for approval under the Fair Work Act 2009. Accordingly, the FWC approved the agreement, and it will now apply to the employees in the warehousing operations of Sandvik Mining and Construction Australia Pty Ltd.

The FWC made an order approving the Sandvik - Warehousing Operations Enterprise Agreement 2020, subject to the terms and conditions set out in the agreement. The order will be registered by the FWC and will have effect from the date of the order. The agreement will now apply to the employees in the warehousing operations of Sandvik Mining and Construction Australia Pty Ltd, and the parties will be bound by its terms and conditions.

Sandvik Mining And Construction Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established