DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bradken Resources Pty Limited
(AG2015/4721)

BRADKEN IPSWICH ENGINEERING OPERATIONS ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 31 AUGUST 2015

Application for approval of the Bradken Ipswich Engineering Operations Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Bradken Ipswich Engineering Operations Enterprise Agreement 2015 (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 Ltd. 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 (AMWU) 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 31 August 2015 and, in accordance with s.54, will operate from 7 September 2015. The nominal expiry date of the Agreement is 4 August 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bradken Resources Pty Limited was the subject of an application to the Fair Work Commission for the approval of the Bradken Ipswich Engineering Operations Enterprise Agreement 2015. The applicant sought the agreement's approval under section 232 of the Fair Work Act 2009, which pertains to the process for approving enterprise agreements that have been negotiated between employers and employees. The dispute centred on whether the agreement met the legal criteria for registration and if it provided for fair and reasonable terms for the employees involved.

The legal issues before the Commission were whether the agreement had been made freely and voluntarily by the employees and employers, whether it contained all the mandated terms and conditions, and if it adhered to the 'better off overall test' as stipulated by the Fair Work Act. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees, and if it provided for fair and reasonable terms.

In delivering its decision, the Commission evaluated the negotiation process and found it to be fair and voluntary. The agreement was found to include all the required terms and conditions as per the Fair Work Act. The Commission also determined that the agreement met the 'better off overall test', meaning that on balance, the employees would be better off with the agreement than without it. Considering these factors, the Commission approved the agreement under section 232 of the Act.

The final orders of the Commission were that the Bradken Ipswich Engineering Operations Enterprise Agreement 2015 be approved and registered under the Fair Work Act, effective from the date of the Commission's decision. This decision was made in accordance with the legal standards set out in the Act and provided for fair and reasonable terms for the employees involved.

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