DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sandvik Mining and Construction Australia Pty Ltd
(AG2017/6294)

SANDVIK - WAREHOUSING OPERATIONS ENTERPRISE AGREEMENT 2017

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 FEBRUARY 2018

Application for approval of the Sandvik - Warehousing Operations Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Sandvik - Warehousing Operations 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 16 February 2018. The nominal expiry date of the Agreement is 1 April 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Sandvik - Warehousing Operations Enterprise Agreement 2017, submitted by Sandvik Mining and Construction Australia Pty Ltd. The application was brought under the Fair Work Act 2009, and the dispute centred on whether the agreement met the criteria for registration as a single interest employer agreement. The Commission was required to assess the fairness of the agreement, its compliance with the relevant legislative framework, and whether it was likely to have a positive effect on the industrial relations system.

The central legal issues addressed by the Commission were the procedural fairness of the agreement, its substantive fairness, and whether it would contribute positively to the industrial relations system. Procedural fairness involved examining the process by which the agreement was negotiated and whether it was done in good faith. Substantive fairness focused on whether the terms and conditions of the agreement were reasonable and fair for the employees involved. The Commission also considered whether the agreement would lead to improved industrial relations outcomes, such as better productivity and reduced disputes.

The Fair Work Commission found that the agreement was procedurally and substantively fair. It was noted that the negotiation process had been conducted in good faith and that the agreement reflected a fair balance between the interests of the employer and the employees. The Commission determined that the terms and conditions of the agreement were reasonable and did not disadvantage any party unduly. Additionally, the Commission concluded that the agreement would likely have a positive effect on the industrial relations system by promoting stability and reducing the potential for disputes.

The Fair Work Commission approved the Sandvik - Warehousing Operations Enterprise Agreement 2017, subject to certain conditions and requirements for ongoing monitoring to ensure its continued compliance and fairness. This decision confirmed the agreement as a legally binding enterprise agreement, effective from the date of approval.

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