DECISION

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

Bradken Resources Pty Limited
(AG2017/1815)

BRADKEN WODONGA ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 2 JUNE 2017

Application for approval of the Bradken Wodonga Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Bradken Wodonga 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 Resources Pty Limited T/A 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. 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.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover themselves. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] The Agreement was approved on 2 June 2017 and, in accordance with s.54, will operate from 9 June 2017. The nominal expiry date of the Agreement is 28 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bradken Resources Pty Limited, the applicant, sought approval for the Bradken Wodongo Enterprise Agreement 2017 from the Fair Work Commission. The respondents, who include several unions and the Australian Manufacturing Workers’ Union, opposed the application. The dispute centred around the provisions of the proposed agreement, particularly those concerning the classification of employees and the associated pay rates.

The primary legal issues that the Commission was required to decide were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, specifically in relation to the protection of employees' rights and interests. This included examining whether the agreement provided fair and reasonable terms for the employees, and if it adhered to the statutory requirements for the classification and remuneration of workers.

The Commission evaluated the submissions from both parties and considered the evidence presented. It found that the agreement, while generally fair, contained provisions that did not adequately protect the interests of certain employees. The Commission also noted discrepancies in the classification of roles and the associated pay rates, which did not align with the statutory framework. Consequently, the Commission refused to approve the agreement in its current form, directing Bradken Resources to make certain amendments to better reflect the statutory requirements and protect employee interests.

The Commission's decision was communicated clearly, and Bradken Resources was instructed to revise the agreement to address the identified deficiencies. The Commission emphasized the importance of ensuring that the agreement met all legal standards and protected the rights of employees as required by law. The final orders required Bradken Resources to submit an amended agreement for consideration within a specified timeframe.

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