Bradken Mineral Processing Pty Ltd

[2013] FWCA 4566

[2013] FWCA 4566

FAIR WORK COMMISSION

DECISION

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

Bradken Mineral Processing Pty Ltd
(AG2013/7312)

BRADKEN ADELAIDE AUSTRALIAN WORKERS UNION COLLECTIVE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 15 JULY 2013

Application for approval of the Bradken Adelaide Australian Workers Union Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bradken Adelaide Australian Workers Union Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bradken Mineral Processing Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The employer has provided an undertaking in the following terms:

“.... that the schedule of wage rates submitted, as part of our agreement, will apply to those employees covered by the agreement.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Annexure A.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] 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) of the Act I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 July 2013. The nominal expiry date of the Agreement is 28 June 2015.

SENIOR DEPUTY PRESIDENT

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