DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bradken Resources Pty Limited
(AG2016/7238)

BRADKEN IPSWICH ENGINEERING OPERATIONS ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 6 DECEMBER 2016

Application for approval of the Bradken Ipswich Engineering Operations Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bradken Ipswich Engineering Operations 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] 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing 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 6 December 2016 and, in accordance with s.54, will operate from 13 December 2016. The nominal expiry date of the Agreement is 4 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bradken Resources Pty Limited was before the Fair Work Commission in an application to approve the Bradken Ipswich Engineering Operations Enterprise Agreement 2016. The dispute centred on the terms of the enterprise agreement, which was proposed to be registered by the Fair Work Commission. The applicant, Bradken Resources, sought the approval of this agreement, which was intended to regulate the employment conditions of workers within its Ipswich engineering operations.

The central legal issues involved whether the agreement met the necessary requirements under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement complied with the formal requirements for registration, such as being in writing and being signed by the appropriate representatives. Additionally, the court examined if the agreement provided for fair and reasonable terms and conditions, including wages, hours of work, and other employment-related matters. The court also had to consider whether the agreement was made in good faith and if it provided for proper dispute resolution mechanisms.

The Fair Work Commission, after reviewing the agreement, found that it met the formal requirements for registration and contained fair and reasonable terms and conditions. The court was satisfied that the agreement was made in good faith and included appropriate dispute resolution processes. Consequently, the Commission approved the enterprise agreement, finding it to be compliant with the legislative requirements.

The final orders included the registration of the Bradken Ipswich Engineering Operations Enterprise Agreement 2016, which would now govern the employment conditions of the workers involved. This decision ensures that the terms and conditions of employment are legally recognised and enforceable under the Fair Work Act.

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