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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bradken Ltd, trading as Bradken Resources Pty Ltd, sought approval of the Wundowie Site Enterprise Agreement 2017 from the Fair Work Commission. The dispute involved the application for the agreement, which sought to establish terms and conditions of employment for employees at the Wundowie site. The court had to determine whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The central legal issue was whether the agreement met the requirements of section 234 of the Act, which stipulates conditions for the approval of an enterprise agreement. Specifically, the court had to consider if the agreement had been fairly negotiated, contained terms that were consistent with the national system for the resolution of industrial matters, and complied with procedural requirements such as the need for a majority vote in favour of the agreement. Additionally, the court examined whether the agreement provided for appropriate mechanisms for resolving disputes.

In delivering the decision, the Fair Work Commission examined the evidence presented regarding the negotiation process and the content of the agreement. The Commission found that the agreement had been fairly negotiated and contained terms consistent with the national system. It also noted that the procedural requirements, including the majority vote, had been satisfied. The Commission concluded that the agreement provided for adequate dispute resolution mechanisms. Consequently, the Commission approved the agreement under section 176 of the Act, finding it met all necessary criteria.

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