DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Bradken Limited
(AG2015/820)

BRADKEN RUNCORN PLANT ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 7 MAY 2015

Application for approval of the Bradken Runcorn Plant Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Bradken Runcorn Plant Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Bradken Limited. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, both being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 7 May 2015. The nominal expiry date of the Agreement is 31 July 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bradken Limited recently appeared before the Fair Work Commission in an application for the approval of the Bradken Runcorn Plant Enterprise Agreement 2015. Bradken, a manufacturer and supplier of mining and industrial equipment, was seeking formal approval of the agreement, which had been negotiated with the Australian Manufacturing Workers' Union. The dispute centred around the terms of the proposed agreement and whether they complied with the Fair Work Act 2009.

The central legal issues before the Commission involved the validity and enforceability of the agreement's terms. Specifically, the Commission had to determine whether the agreement met the procedural and substantive requirements under the Fair Work Act. Procedurally, the Commission examined whether the agreement had been made in accordance with the necessary bargaining processes and whether it had been appropriately certified. Substantively, the Commission assessed whether the agreement's provisions complied with the Act, including whether it provided for fair and reasonable terms and conditions of employment.

In its decision, the Commission found that the agreement was procedurally valid and had been made in accordance with the Fair Work Act. The Commission noted that the agreement had been the subject of genuine and meaningful bargaining between the parties and had been appropriately certified. On the substantive merits, the Commission determined that the agreement's terms were fair and reasonable, providing for adequate protections and entitlements for employees. The Commission was satisfied that the agreement met all necessary legal standards and approved the Bradken Runcorn Plant Enterprise Agreement 2015.

Bradken Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established