Sandvik Mining And Construction Australia Pty Ltd T/A Sandvik

[2023] FWCA 1431

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 T/A Sandvik

(AG2023/1268)

SANDVIK WAREHOUSING OPERATIONS ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER DURHAM	BRISBANE, 18 MAY 2023

Application for approval of the Sandvik Warehousing Operations Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Sandvik Warehousing Operations Enterprise Agreement 2023 (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 Trading As Sandvik (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 March 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Sandvik Mining and Construction Australia Pty Ltd, trading as Sandvik, for the approval of the Sandvik Warehousing Operations Enterprise Agreement 2023. The application was heard in the Fair Work Commission. The agreement in question was aimed at regulating the terms and conditions of employment for warehouse employees at Sandvik's operations. The dispute centred on whether the proposed agreement adequately met the requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the procedural and substantive provisions of the Fair Work Act. The Commission had to assess if the agreement was made in accordance with the relevant provisions of the Act, including the requirements for genuine agreement and the procedural fairness in its making. Additionally, the Commission examined if the terms of the agreement met the ‘better off overall test’ and whether they provided for appropriate mechanisms for dispute resolution.

In its decision, the Commission considered the evidence provided by the parties, including the process followed in negotiating the agreement and the consultation undertaken with the employees. The Commission concluded that the agreement was made in good faith and was genuinely negotiated. It found that the agreement met the requirements of the better off overall test and contained adequate provisions for dispute resolution. The Commission highlighted the fairness of the agreement and the benefits it provided to the employees, which included improved wages and conditions.

The Commission approved the Sandvik Warehousing Operations Enterprise Agreement 2023, determining that it was compliant with the Fair Work Act. The agreement was registered, and the terms became effective as of the specified commencement date. The decision confirmed the procedural and substantive validity of the agreement, providing certainty for both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established