Bradken Resources Pty Ltd

[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

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.

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

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.

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.

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

CaseChat Overview and Summary

Bradken Resources Pty Ltd sought approval of its Ipswich Enterprise Agreement 2023, which was lodged with the Fair Work Commission. The applicant and the unions representing its employees had reached an agreement that sought to establish new terms and conditions of employment, including changes to wages, hours of work, and other employment conditions. The unions argued that the agreement was fair and reasonable, while objectors raised concerns about the proposed changes. The court was required to determine whether the agreement was fair and reasonable in all aspects.

The court considered the Fair Work Act 2009 and the principles of good faith bargaining and procedural fairness. The court examined the process by which the agreement was reached, the content of the agreement, and the evidence presented by both the applicant and the objectors. The court noted that the applicant had made significant efforts to reach an agreement with the unions and had provided detailed evidence of the bargaining process. The court also considered the views of the objectors and the impact of the agreement on the employees.

The court found that the agreement was fair and reasonable in all aspects. The court noted that the applicant had acted in good faith throughout the bargaining process and had provided detailed evidence of the steps taken to reach an agreement. The court also considered the views of the objectors and found that their concerns did not outweigh the benefits of the agreement to the employees. The court found that the agreement was not unfair or unreasonable and approved the agreement.

The court approved the Bradken Resources Pty Limited Ipswich Enterprise Agreement 2023, subject to certain conditions. The court required the applicant to provide a copy of the approved agreement to the Fair Work Ombudsman and to ensure that the agreement was implemented in accordance with its terms. The court also required the applicant to provide a copy of the agreement to any employee who requested it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established