Sandvik Mining and Construction Pty Ltd

[2025] FWCA 2909

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sandvik Mining and Construction Pty Ltd

(AG2025/2548)

SANDVIK ROCK TOOLS OPERATIONS ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 29 AUGUST 2025

Application for approval of the Sandvik Rock Tools Operations Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Sandvik Rock Tools Operations Enterprise Agreement 2025 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 5 September 2025. The nominal expiry date of the Agreement is 31 July 2028.

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 by Sandvik Mining and Construction Pty Ltd for the approval of a proposed enterprise agreement, the Sandvik Rock Tools Operations Enterprise Agreement 2025. The application was contested by the Australian Manufacturing Workers' Union, which argued that the proposed agreement did not meet the statutory requirements for approval under the Fair Work Act 2009. The central dispute focused on the provisions within the agreement that pertained to the classification and remuneration of employees, particularly those working in the rock tools operations sector. The Fair Work Commission was tasked with determining whether the agreement complied with the legal standards for enterprise agreements, including fairness, the avoidance of disadvantages, and the maintenance of industrial peace and productivity.

The legal issues that the Fair Work Commission had to resolve included whether the proposed agreement provided fair terms and conditions for employees, whether it avoided any disadvantages to employees in comparison to the existing industrial instruments, and whether it promoted industrial peace and productivity. Additionally, the Commission needed to assess if the agreement complied with the requirements for good faith bargaining and whether it provided for the resolution of disputes in an efficient and effective manner. The Commission also examined whether the agreement was consistent with the overarching objectives of the Fair Work Act, which include promoting high levels of employment and industrial peace.

In its decision, the Fair Work Commission considered the arguments and evidence presented by both parties, including submissions on the impact of the proposed agreement on employees, the employer's business case, and the broader industrial context. The Commission found that the proposed agreement met the legislative requirements for approval. It concluded that the agreement provided fair terms and conditions, avoided disadvantages to employees, and promoted industrial peace and productivity. The Commission also found that the agreement was the product of good faith bargaining and provided for the resolution of disputes in an efficient and effective manner. Therefore, the Commission approved the Sandvik Rock Tools Operations Enterprise Agreement 2025.

The Fair Work Commission's final orders included the approval of the Sandvik Rock Tools Operations Enterprise Agreement 2025, subject to the specific terms and conditions outlined in the agreement. The Commission's decision was based on the comprehensive evaluation of the agreement against the statutory criteria and the evidence presented during the hearing. The approved agreement will now govern the employment terms and conditions for employees in the rock tools operations sector within Sandvik Mining and Construction Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established