Bradken Resources Pty Limited Summary

[2014] FWCA 8293

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bradken Resources Pty Limited

(AG2014/9851)

BRADKEN IPSWICH FOUNDRY ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries

COMMISSIONER RYAN

MELBOURNE, 20 NOVEMBER 2014

Application for approval of the Bradken Ipswich Foundry Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the

Bradken Ipswich Foundry Enterprise Agreement 2014 (the Agreement). The application was

made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Bradken
Resources Pty Limited. The agreement is a single-enterprise agreement.

[2] Undertakings have been given in relation to clauses 16.3 and 25.8 of the Agreement

and those undertakings have become terms of the Agreement in accordance with s.191(1) of
the Act and are appended at Appendix A.

[3] Pursuant to s.190(4) of the Act, I have sought the views of the AMWU and AWU with

respect to these undertakings.

[4] Subject to this undertaking, I am satisfied that each of the requirements of ss186, 187

and 188 as are relevant to this application for approval have been met.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union (AWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. As required by s.201(2) I note that the Agreement covers the AMWU and AWU.

[2014] FWCA 8293

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 27

November 2014. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2014] FWCA 8293

APPENDIX A

CaseChat Overview and Summary

Bradken Resources Pty Limited applied for the approval of the Bradken Ipswich Foundry Enterprise Agreement 2014 under section 185 of the Fair Work Act 2009. The agreement is a single-enterprise agreement. The Australian Manufacturing Workers’ Union and the Australian Workers’ Union are the bargaining representatives for the agreement, and they have given notice under section 183 of the Act that they want the agreement to cover them. The Commissioner sought the views of the AMWU and AWU in relation to the undertakings given in respect of clauses 16.3 and 25.8 of the agreement, which have become terms of the agreement in accordance with section 191(1) of the Act. The Commissioner determined that the agreement met the requirements of sections 186, 187, and 188 of the Act, and approved the agreement. The agreement will operate from 27 November 2014, and its nominal expiry date is 30 June 2015.

The primary legal issue before the Commissioner was whether the Bradken Ipswich Foundry Enterprise Agreement 2014 met the requirements of the Fair Work Act 2009 to be approved. The Commissioner was required to consider whether the agreement met the requirements of sections 186, 187, and 188 of the Act, and whether the agreement complied with the provisions of sections 190 and 191 of the Act. Additionally, the Commissioner was required to consider the views of the AMWU and AWU in relation to the undertakings given in respect of clauses 16.3 and 25.8 of the agreement, which had become terms of the agreement in accordance with section 191(1) of the Act.

The Commissioner determined that the Bradken Ipswich Foundry Enterprise Agreement 2014 met the requirements of sections 186, 187, and 188 of the Fair Work Act 2009. The Commissioner considered the views of the AMWU and AWU in relation to the undertakings given in respect of clauses 16.3 and 25.8 of the agreement, and determined that those undertakings had been appropriately considered and approved in accordance with section 191(1) of the Act. The Commissioner was satisfied that the agreement complied with the provisions of sections 190 and 191 of the Act, and approved the agreement. The agreement will operate from 27 November 2014, and its nominal expiry date is 30 June 2015.

The Commissioner approved the Bradken Ipswich Foundry Enterprise Agreement 2014, and determined that it will operate from 27 November 2014. The agreement's nominal expiry date is 30 June 2015.

Bradken Resources Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established