DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bradken Resources Pty. Ltd.
(AG2018/3376)

BRADKEN BASSENDEAN (WA) ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 14 AUGUST 2018

Application for approval of the BRADKEN Bassendean (WA) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the BRADKEN Bassendean (WA) Enterprise 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 August 2018. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bradken Resources Pty. Ltd. was the subject of an application for the approval of the Bassendean (WA) Enterprise Agreement 2018. The applicant sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute arose from disagreements over the terms and conditions of employment set out in the proposed agreement, which was to be applied to the workers at the Bradken Bassendean site in Western Australia.

The primary legal issues before the court were whether the agreement was genuinely a product of genuine agreement, whether it provided for fair and reasonable terms, and whether it was appropriate for the agreement to be registered. The applicant had to demonstrate that the agreement was not only the result of genuine bargaining but also provided for terms that were fair and reasonable, and did not have an adverse effect on the broader industrial relations system.

The court examined the process of bargaining leading to the agreement, the content of the agreement, and the overall fairness of the terms. It took into account the evidence provided by both parties regarding the negotiation process and the reasonableness of the terms. After careful consideration, the court found that the agreement had been genuinely negotiated and that the terms were fair and reasonable. The court concluded that there were no grounds to reject the agreement and that it was appropriate for it to be registered. The court therefore approved the agreement for registration.

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