DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bradken Resources Pty Ltd
(AG2015/4048)

BRADKEN BASSENDEAN (WA) ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 29 JULY 2015

Application for approval of the BRADKEN Bassendean (WA) Enterprise Agreement 2015.

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

[4] 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.

[5] The Agreement was approved on 29 July 2015 and, in accordance with s.54 of the Act, will operate from 5 July 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 to the Fair Work Commission for approval of the Bradken Bassendean (WA) Enterprise Agreement 2015. The applicant argued that the enterprise agreement was suitable for approval as it met the criteria under section 231 of the Fair Work Act 2009. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union, which contended that the agreement did not meet the requirements for approval.

The legal issues before the Commission included whether the enterprise agreement was a "good faith" agreement, whether it included appropriate processes for resolving disputes, and whether it provided for appropriate terms and conditions for employees. The Commission considered the evidence and submissions from both parties before making its decision. The Commission found that the agreement met the requirements for approval under the Act, including that it was a good faith agreement and provided for appropriate dispute resolution processes and terms and conditions for employees.

The Commission approved the Bradken Bassendean (WA) Enterprise Agreement 2015, subject to certain modifications. The modifications related to the agreement's provisions on employee entitlements and dispute resolution. The Commission considered that these modifications were necessary to ensure that the agreement met the requirements for approval under the Act. The applicant and the union were given the opportunity to provide further submissions on the modifications before the Commission made its final decision. The final orders of the Commission included the approval of the enterprise agreement, subject to the modifications.

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