//
[12]
ANNEXURE A 
austlii:cth/FWCA/2025/3985
General information, not legal advice.
FWCA
2025-11-25
Original judgment source is linked above.
The attached document replaces the document previously issued with the code [2025] FWC 3535 on 25 November 2025 to correct document referencing.
s.185 - Application for approval of a single-enterprise agreement
Sandvik Mining And Construction Australia Pty Ltd Trading AS Sandvik Mining And Construction Australian Pty Ltd
Application for approval of the Sandvik Central West NSW Enterprise Agreement
[1] An application has been made for approval of an enterprise agreement to be known as the Sandvik Central West NSW Enterprise Agreement (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Sandvik Mining And Construction Australia Pty Ltd Trading AS Sandvik Mining And Construction Australian Pty Ltd (Employer). The Agreement is a single enterprise agreement.
[2] The Employer has provided written undertakings dated 21 November 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
[3] 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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.
[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 December 2025. The nominal expiry date of the Agreement is 31 July 2028.
Printed by authority of the Commonwealth Government Printer
ANNEXURE A