DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bradken Resources Pty Ltd
(AG2016/3765)

BRADKEN BASSENDEAN (WA) ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 8 AUGUST 2016

Application for approval of the BRADKEN Bassendean (WA) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the BRADKEN Bassendean (WA) Enterprise Agreement 2016 (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. 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.

[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 was approved on 8 August 2016 and, in accordance with s.54, will operate from 15 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bradken Resources Pty Ltd, the employer, applied to the Fair Work Commission for approval of the Bassendean (WA) Enterprise Agreement 2016. The applicant sought to have the agreement approved as a low-paid enterprise agreement under the Fair Work Act 2009. The applicant argued that the agreement was a genuine agreement between the employer and the employees and met the requirements of the Act. The applicant also argued that the agreement provided for appropriate mechanisms for resolving disputes between the parties.

The legal issues before the Commission were whether the agreement was a genuine agreement between the parties and whether it provided for appropriate mechanisms for resolving disputes. The Commission considered the evidence of the parties and the provisions of the agreement. The Commission found that the agreement was a genuine agreement between the parties and that it provided for appropriate mechanisms for resolving disputes. The Commission noted that the agreement contained provisions for the resolution of disputes through conciliation and, if necessary, arbitration.

The Commission was satisfied that the agreement met the requirements of the Act and approved the agreement. The Commission noted that the agreement provided for appropriate mechanisms for resolving disputes and that the agreement was a genuine agreement between the parties. The Commission was also satisfied that the agreement provided for appropriate mechanisms for resolving disputes and that the agreement was a genuine agreement between the parties.

The Commission approved the agreement as a low-paid enterprise agreement under the Act. The Commission noted that the agreement provided for appropriate mechanisms for resolving disputes and that the agreement was a genuine agreement between the parties. The Commission was satisfied that the agreement met the requirements of the Act and approved the agreement.

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