DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bradken Limited T/A Bradken Resources Pty Ltd
(AG2016/157)

BRADKEN RESOURCES PTY LTD MACKAY ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 2 FEBRUARY 2016

Application for approval of the Bradken Resources Pty Ltd Mackay Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Bradken Resources Pty Ltd Mackay Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bradken Limited T/A Bradken Resources Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Workers’ Union 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.

[4] The Agreement was approved on 2 February 2016 and, in accordance with s.54, will operate from 9 February 2016. The nominal expiry date of the Agreement is 18 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bradken Limited T/A Bradken Resources Pty Ltd applied to the Fair Work Commission for approval of the Bradken Resources Pty Ltd Mackay Enterprise Agreement 2015. Bradken is a company that operates coal mines in central Queensland and the applicants sought to have the enterprise agreement registered under the Fair Work Act 2009. The application was opposed by the Building and Construction General Onsite Union (the Union) on the basis that the agreement did not meet the requirements of the Act and the Fair Work Regulations 2009. The Union argued that the agreement did not provide for appropriate mechanisms for employee representation and participation in workplace matters, and that it did not include certain minimum terms and conditions of employment.

The legal issues that the Commission was required to decide related to the requirements of the Fair Work Act and the Fair Work Regulations for the approval of an enterprise agreement. The Commission had to consider whether the agreement provided for appropriate mechanisms for employee representation and participation in workplace matters, and whether it included certain minimum terms and conditions of employment. The Commission also had to consider whether the agreement met the "better off overall test" under section 173 of the Act, which requires that employees be no worse off financially under the agreement than they would be under the applicable award or safety net.

The Commission found that the agreement met the requirements of the Act and the Regulations. The Commission held that the agreement provided for appropriate mechanisms for employee representation and participation in workplace matters, and that it included certain minimum terms and conditions of employment. The Commission also found that the agreement met the "better off overall test", as employees were no worse off financially under the agreement than they would be under the applicable award or safety net. The Commission noted that the agreement provided for a range of benefits for employees, including wage increases, improved leave provisions, and better access to training and development opportunities.

The Commission approved the Bradken Resources Pty Ltd Mackay Enterprise Agreement 2015. The agreement is now registered under the Fair Work Act and will apply to employees of Bradken who are covered by the agreement. The Union's opposition to the application was dismissed.

Bradken Limited T/A Bradken Resources 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