DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sandvik Mining and Construction Australia Pty Ltd
(AG2018/31)

SANDVIK MINING AND ROCK TECHNOLOGY - ROCK TOOLS TECHNICIAN ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 APRIL 2018

Application for approval of the Sandvik Mining and Rock Technology Rock Tools Technician Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Sandvik Mining and Rock Technology - Rock Tools Technician Enterprise Agreement 2017 (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.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 April 2018. The nominal expiry date of the Agreement is 1 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case were Sandvik Mining and Construction Australia Pty Ltd and the Electrical Trades Union of Australia, along with other unions. The dispute centred around the application for approval of the Sandvik Mining and Rock Technology Rock Tools Technician Enterprise Agreement 2017. The matter was heard in the Fair Work Commission. The central legal issues the court had to resolve were whether the agreement complied with the relevant statutory requirements and if it met the standards set by the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was made in good faith, if it provided for fair terms and conditions of employment, and if it included appropriate processes for resolving disputes.

The court considered various provisions of the Fair Work Act 2009, including the requirements for good faith bargaining and the prohibition of terms that are less favourable than the applicable award or safety net. The court also examined the content of the agreement to ensure it met the statutory standards for enterprise agreements. The court found that the agreement was made in good faith and contained fair terms and conditions of employment. However, it noted that there were some areas of concern, particularly regarding the processes for resolving disputes. The court ultimately concluded that, while not perfect, the agreement met the necessary standards for approval.

The court approved the Sandvik Mining and Rock Technology Rock Tools Technician Enterprise Agreement 2017, subject to certain conditions. These conditions included a requirement for the parties to review and address the identified concerns regarding dispute resolution processes. The court's decision was based on the overall compliance of the agreement with the Fair Work Act 2009, despite some minor deficiencies. The approval of the agreement allows for its implementation, providing a framework for the terms and conditions of employment for the relevant employees.

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