DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bradken Resources Pty Limited
(AG2016/7161)

BRADKEN IPSWICH FOUNDRY ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 20 DECEMBER 2016

Application for approval of the Bradken Ipswich Foundry Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bradken Ipswich Foundry Enterprise Agreement 2016 (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] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 20 December 2016 and, in accordance with s.54, will operate from 27 December 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bradken Resources Pty Limited applied to the Fair Work Commission (FWC) for approval of the Bradken Ipswich Foundry Enterprise Agreement 2016. The applicants argued that the agreement provided for the employees' terms and conditions of employment and that it complied with the relevant provisions of the Fair Work Act 2009. The applicant submitted that the agreement was fair and reasonable and that it had been negotiated in good faith. The respondents, the employees' representatives, opposed the application on the grounds that the agreement did not adequately address certain issues, including the classification of employees and the provision of shift penalties.

The FWC was required to determine whether the agreement was fair and reasonable and whether it complied with the provisions of the Fair Work Act. The FWC considered the submissions of both parties and examined the terms of the agreement. In particular, the FWC considered whether the agreement provided for a fair and reasonable set of terms and conditions of employment, taking into account the principles of contemporary enterprise bargaining, and whether it had been negotiated in good faith. The FWC also considered whether the agreement provided for appropriate protections for employees and whether it complied with any relevant industrial instruments.

The FWC found that the agreement was fair and reasonable and that it complied with the relevant provisions of the Fair Work Act. The FWC noted that the agreement had been negotiated in good faith and that it provided for a fair and reasonable set of terms and conditions of employment. The FWC also found that the agreement provided for appropriate protections for employees and that it complied with any relevant industrial instruments. The FWC approved the agreement and made an order accordingly.

The FWC approved the Bradken Ipswich Foundry Enterprise Agreement 2016 and made an order to that effect. The order was registered on the National Employment Standards Register and became effective on the date of registration. The agreement provided for the employees' terms and conditions of employment and was approved by the FWC.

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