DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Sandvik Mining and Construction Pty Ltd
(AG2016/2363)

SANDVIK - OLYMPIC DAM MINE CPM SITE ENTERPRISE AGREEMENT - 2014

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 9 MARCH 2016

Application for variation of the Sandvik - Olympic Dam Mine CPM site Enterprise Agreement - 2014.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Sandvik - Olympic Dam Mine CPM site Enterprise Agreement - 2014 (the Agreement). The Agreement is a single enterprise agreement. This application was made by the employer, Sandvik Mining and Construction Pty Ltd pursuant to s.210 of the Fair Work Act 2009 (the Act).

[2] The variation concerns the On-site allowances set out in the Premiums Table at Appendix 1.

[3] I have considered the application and accompanying declarations in support of the application and am satisfied that each of the requirements of ss.210 and 211 of the Act as relevant to this application for approval have been met.

[4] The variation to the Agreement is approved and will operate on and from 9 March 2016.

[5] A consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sandvik Mining and Construction Pty Ltd sought a variation to the existing Enterprise Agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the Sandvik - Olympic Dam Mine Continuous Process Manufacturing (CPM) site. The application was brought before the Fair Work Commission to adjust terms and conditions of employment, particularly in relation to shift patterns and overtime. The legal issues centred on whether the proposed changes were necessary to adapt to the changing operational needs of the mine, and if the process by which the changes were sought was compliant with the relevant industrial relations laws. The Commission examined the necessity of the changes, the fairness of the negotiation process, and the impact on the employees.

The Fair Work Commission considered the economic and operational context of the mine, finding that changes were indeed necessary to address evolving operational requirements and efficiency. It was noted that the proposed shift patterns aimed to better align with operational demands, thereby potentially reducing costs and increasing productivity. The Commission also assessed the procedural fairness of the application, ensuring that the process adhered to the requirements of the Fair Work Act. The Commission found that the application was made in good faith and that there had been adequate consultation with the union.

Following its analysis, the Commission allowed the application for variation, approving the changes to the Enterprise Agreement. It concluded that the proposed alterations were necessary and reasonable under the circumstances, and that the process had been conducted fairly. The approved changes included revised shift patterns and overtime provisions, which the Commission deemed to be in the best interests of both the employer and the employees, given the operational context of the mine. The decision was made in the spirit of maintaining a balanced approach to the needs of the business and the rights of the workforce.

Sandvik Mining and Construction 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