Bradken Resources Pty Limited
[2022] FWCA 2907
•25 AUGUST 2022
| [2022] FWCA 2907 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Bradken Resources Pty Limited
(AG2022/3340)
BRADKEN Bassendean (WA) Enterprise Agreement 2022
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT BEAUMONT | PERTH, 25 AUGUST 2022 |
Application for approval of the BRADKEN Bassendean (WA) Enterprise Agreement 2022
Bradken Resources Pty Limited (the Applicant) has made an application for the approval of an enterprise agreement known as the BRADKEN Bassendean (WA) Enterprise Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
The Notice of Employee Representational Rights (NERR) distributed to employees incorrectly identified the proposed enterprise agreement as the Bradken Bassendean (WA) Enterprise Agreement 2018, the predecessor to the Agreement. However, I am satisfied that the Agreement would have been genuinely agreed to but for this minor technical or procedural departure from the prescribed form requirements of the NERR under s 174(1A) of the Act. Furthermore, the employees covered by the Agreement were not likely to have been disadvantaged by this error, as is evidenced by the high level of voter participation in the vote and the involvement of Organisations (see below) in the bargaining. Accordingly, I consider that the Agreement has been genuinely agreed to by the employees under s 188(2) of the Act.
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.
In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.
The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as Australian Manufacturing Workers’ Union and the Communications, Electrical, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Electrical Division, Western Australia Branch (together, the Organisations), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), and based on the declarations provided by the Organisations, I note that the Organisations are covered by the Agreement.
The Agreement was approved on 25 August 2022 and, in accordance with s 54, will operate from 1 September 2022. The nominal expiry date of the Agreement is 30 June 2023.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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