DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bradken Resources Pty Ltd
(AG2018/5573)

BRADKEN HUNTER VALLEY MINING AND FIELD SERVICES AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 20 MARCH 2019

Application for approval of the Bradken Hunter Valley Mining and Field Services Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Bradken Hunter Valley Mining and Field Services Agreement 2018 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] 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.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), NSW Branch, 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.

[6] The Agreement was approved on 20 March 2019 and, in accordance with s.54, will operate from 27 March 2019. The nominal expiry date of the Agreement is 16 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bradken Resources Pty Ltd was involved in proceedings before the Federal Court of Australia, where the company sought approval for the Bradken Hunter Valley Mining and Field Services Agreement 2018. The dispute centred on the need for the court to endorse this agreement, which governed the relationship between Bradken and its employees in the Hunter Valley region. The agreement was critical in defining terms and conditions of employment, including wages, working hours, and other employment-related matters.

The legal issues before the court involved assessing whether the agreement met the necessary criteria for approval under the relevant legislation. Specifically, the court had to determine if the agreement provided for fair and reasonable terms that protected the interests of both the employees and the employer. This included evaluating the processes by which the agreement was negotiated and whether it had been genuinely agreed upon by the parties involved. The court also considered whether the agreement complied with the broader principles of industrial law, including provisions for dispute resolution and employee protections.

The Federal Court found that the Bradken Hunter Valley Mining and Field Services Agreement 2018 was fair and reasonable, and met the statutory requirements for approval. The court was satisfied with the negotiation process and the genuine agreement between the parties. It determined that the agreement provided adequate protections and benefits for employees while also addressing the legitimate needs of the employer. Consequently, the court approved the agreement, recognising it as a valid and enforceable industrial instrument. The decision was based on the comprehensive review of the agreement's contents and the procedural fairness of its formation.

Bradken Resources Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established