Bradken Mineral Processing Pty Ltd

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bradken Mineral Processing Pty Ltd applied for approval of the Bradken Adelaide Australian Workers Union Collective Agreement 2013. The application was before the Fair Work Commission, as the union and the company were unable to reach an agreement on the terms of the collective agreement. The dispute centred around several issues, including the classification of employees, wage rates, and working conditions.

The legal issues the court had to address were whether the proposed agreement was in accordance with the Fair Work Act 2009, and if it met the requirements for approval under the legislation. Specifically, the court had to determine if the agreement provided for fair and reasonable terms and conditions for employees, and whether it was free from any discriminatory provisions.

The Fair Work Commission found that the proposed agreement was fair and reasonable, as it provided for appropriate classifications, wage rates, and working conditions for employees. The court was satisfied that the agreement did not contain any discriminatory provisions and met the requirements for approval under the Fair Work Act 2009. Consequently, the court approved the Bradken Adelaide Australian Workers Union Collective Agreement 2013.

The final orders of the court were that the Bradken Adelaide Australian Workers Union Collective Agreement 2013 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be in effect from the date of the decision and would remain in force until the next scheduled expiry date. The court's decision provided clarity and certainty for both the union and the company, ensuring that the terms and conditions of employment were fair and reasonable for all employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established