DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sandvik Mining and Construction Australia Pty Ltd T/A Sandvik Mining and Construction Australia
(AG2018/6818)

SANDVIK MACKAY AND CENTRAL REGION QUEENSLAND (QLD) ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 23 JANUARY 2019

Application for approval of the Sandvik Mackay and Central Region Queensland (QLD) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Sandvik Mackay and Central Region Queensland (QLD) Enterprise Agreement 2018 (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 T/A Sandvik Mining and Construction Australia. The Agreement is a single enterprise agreement.

[2] The Employer 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sandvik Mining and Construction Australia Pty Ltd T/A Sandvik Mining and Construction Australia applied to the Fair Work Commission for approval of the Sandvik Mackay and Central Region Queensland Enterprise Agreement 2018. The Fair Work Commission is the body that approves enterprise agreements under the Fair Work Act 2009. The nature of the dispute involved the terms and conditions of employment for workers in the Mackay and Central Queensland region under the proposed enterprise agreement.

The legal issues the court needed to determine included whether the agreement met the requirements of section 230 of the Fair Work Act, including whether it provided for fair and reasonable terms and conditions, and whether it was free from any improper conduct. The court also had to consider whether the agreement appropriately dealt with various employment issues, including wages, hours of work, and other conditions of employment. Additionally, the court needed to ensure that the agreement complied with the applicable provisions of the Industrial Relations (Transitional Provisions) Act 1996.

The Fair Work Commission determined that the Sandvik Mackay and Central Region Queensland Enterprise Agreement 2018 met the statutory requirements under section 230 of the Fair Work Act. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, was free from any improper conduct, and appropriately dealt with the relevant employment issues. The Commission also found that the agreement complied with the applicable provisions of the Industrial Relations (Transitional Provisions) Act 1996. Therefore, the Fair Work Commission approved the enterprise agreement, and it came into effect on 1 July 2018.

Sandvik Mining and Construction Australia Pty Ltd T/A Sandvik Mining and Construction Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established