DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bradken Ltd T/A Bradken Resources Pty Ltd
(AG2015/2689)

BRADKEN RESOURCES PTY LTD WUNDOWIE SITE ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 MAY 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Bradken Resources Pty Ltd Wundowie Site 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 Ltd T/A Bradken Resources Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing, and Allied Services Union of Australia, being bargaining a 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 18 May 2015 and, in accordance with s.54, will operate from 25 May 2015. The nominal expiry date of the Agreement is 12 January 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bradken Ltd, trading as Bradken Resources Pty Ltd, brought an application before the Fair Work Commission seeking approval of the Wundowie Site Enterprise Agreement 2015. The dispute centred on the terms of the enterprise agreement between the company and its employees, particularly regarding changes to the employees' work arrangements and conditions. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement had been genuinely negotiated, and whether it provided for fair and reasonable terms. The company argued that the agreement had been negotiated in good faith and was fair and reasonable for the employees, while the union representing the employees contended that certain provisions were not genuinely negotiated and were not fair and reasonable.

In its decision, the Commission found that the agreement had been genuinely negotiated, as evidenced by the extensive consultation and bargaining process between the parties. The Commission also determined that the terms of the agreement were fair and reasonable, taking into account the overall balance of benefits and detriments to the employees. The Commission noted that the agreement provided for a number of improvements for the employees, such as increased wages and better work conditions, and that any detriments were justified in the context of the overall agreement. Accordingly, the Commission approved the Wundowie Site Enterprise Agreement 2015, finding that it met the legal requirements for approval under the Act.

Bradken Ltd 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