DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BRADKEN RESOURCES PTY LTD
(AG2015/4762)

BRADKEN IPSWICH FOUNDRY ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 31 AUGUST 2015

Application for approval of the Bradken Ipswich Foundry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Bradken Ipswich Foundry Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made 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) and The Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 September 2015. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bradken Resources Pty Ltd applied for approval of the Bradken Ipswich Foundry Enterprise Agreement 2015. The application was heard by the Fair Work Commission. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the proper process for its negotiation and the substantive terms of the agreement.

The legal issues included whether the agreement was genuinely negotiated and whether it complied with the provisions of the Fair Work Act regarding minimum entitlements, procedural fairness, and the protection of employee interests. The applicant argued that the agreement was the product of genuine negotiations and was fair and reasonable, while the respondents contended that the process was flawed and that certain terms were unfair.

The Commission found that while there were procedural shortcomings in the negotiation process, these did not invalidate the agreement. The Commission emphasised that genuineness of negotiations must be assessed on a case-by-case basis, taking into account the overall process and context. The substantive terms were also examined, and the Commission concluded that they did not unfairly disadvantage the employees. The agreement was ultimately approved, with certain conditions attached to ensure compliance with the Act.

The Commission's decision was that the Bradken Ipswich Foundry Enterprise Agreement 2015 was approved, subject to specific compliance measures. The conditions included a requirement for the parties to engage in further negotiations to address the procedural issues and to provide ongoing reporting to the Commission. This decision provided clarity on the standards required for enterprise agreements and the importance of genuine negotiation processes.

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