DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bradken Resources Pty Limited
(AG2018/6821)

BRADKEN INNISFAIL ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 26 MARCH 2019

Application for approval of the Bradken Innisfail Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Bradken Innisfail Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bradken Resources Pty Limited. The Agreement is a single enterprise agreement.

[2] 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 April 2019. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bradken Resources Pty Limited applied to the Fair Work Commission for the approval of the Bradken Innisfail Enterprise Agreement 2018. The application was brought before Commissioner G W Harper in the Australian Capital Territory. The dispute involved the terms and conditions of employment for workers at Bradken's Innisfail site, including issues such as wages, hours of work, and other employment-related matters.

The legal issues before the court encompassed whether the agreement met the criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for proper minimum rates of pay, adequate notice of termination, and other mandatory provisions. The court also needed to determine if the agreement had been genuinely negotiated and if it met the requirements for being a "single enterprise agreement".

Commissioner Harper found that the agreement did not adequately address the minimum rates of pay for certain employees and did not provide for proper notice of termination as required by the Fair Work Act. The Commissioner also determined that the agreement had not been genuinely negotiated, as the employer had not provided the necessary information and opportunities for meaningful consultation. As a result, the application for approval was dismissed. The Commissioner ordered that the agreement be returned to the parties for further negotiation and resubmission, ensuring that it complied with all statutory requirements and was genuinely negotiated.

Bradken Resources Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established