Bradken Ltd T/A Bradken Resources Pty Ltd

[2017] FWCA 1959

[2017] FWCA 1959

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bradken Ltd T/A Bradken Resources Pty Ltd
(AG2017/948)

BRADKEN RESOURCES PTY LTD WUNDOWIE SITE ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 6 APRIL 2017

Application for approval of the Bradken Resources Pty Ltd Wundowie Site Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Bradken Resources Pty Ltd Wundowie Site Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bradken Ltd T/A Bradken Resources Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[5] The Agreement was approved on 6 April 2017 and, in accordance with s.54, will operate from 13 April 2017. The nominal expiry date of the Agreement is 6 April 2020.

COMMISSIONER

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Annexure A