Bradken Resources Pty Ltd

Case

[2023] FWCA 3095

25 SEPTEMBER 2023


[2023] FWCA 3095

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bradken Resources Pty Ltd

(AG2023/3209)

BRADKEN RESOURCES PTY LIMITED IPSWICH ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries

COMMISSIONER CRAWFORD

SYDNEY, 25 SEPTEMBER 2023

Application for approval of the Bradken Resources Pty Limited Ipswich Enterprise Agreement 2023

  1. An application has been made for approval of an enterprise agreement known as the Bradken Resources Pty Limited Ipswich Enterprise Agreement 2023 (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 Applicant). The Agreement is a single enterprise agreement.

  1. I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.

  1. Noting clause 1.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

  1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

  1. The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 15 August 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE521625  PR766556>

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