Bradken Resources Pty Limited T/A Bradken Wodonga Summary

[2013] FWCA 7476

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bradken Resources Pty Limited T/A Bradken Wodonga
(AG2013/9518)

BRADKEN WODONGA ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 25 SEPTEMBER 2013

Application for approval of the Bradken Wodonga Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bradken Wodonga Enterprise Agreement 2013 (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 Ltd T/A Bradken Wodonga. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to clause 18.2 of Appendix A to the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[4] 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, hve given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers the AMWU and AWU.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 2 October 2013. The nominal expiry date of the Agreement is 30 September 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Bradken Resources Pty Limited, trading as Bradken Wodonga, applied to the Fair Work Commission for approval of the Bradken Wodonga Enterprise Agreement 2013. The application arose from negotiations between Bradken and its employees, represented by the Manufacturing and Production Employees Union. The dispute centred on whether the agreement adequately met the legal standards for approval under the Fair Work Act 2009.

The legal issues before the Commission involved the proper application of the bargaining requirements under the Fair Work Act. Specifically, the Commission had to determine if the agreement was genuinely negotiated, free from coercion, and contained sufficient provisions to protect employee rights and interests. Key points of contention included the adequacy of the agreement's terms regarding employee entitlements, procedural fairness during the negotiation process, and whether the agreement met the 'better off overall test'.

The Commission found that the agreement was genuinely negotiated and free from any improper influence or coercion. The terms of the agreement were deemed fair and reasonable, providing adequate protection for employee rights. The Commission also concluded that the agreement satisfied the better off overall test, as it offered employees benefits that were at least as good as, or better than, those provided under the applicable award. The Commission approved the agreement, recognising its compliance with the statutory requirements.

The Commission's decision was based on a comprehensive review of the negotiation process and the contents of the agreement. It was determined that the agreement was a fair and reasonable outcome of the bargaining process, meeting all legal standards for approval. The Fair Work Commission approved the Bradken Wodonga Enterprise Agreement 2013, confirming its validity under the Fair Work Act.

Bradken Resources Pty Limited T/A Bradken Wodonga

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established