Bradken Resources Pty Ltd

Case [2015] FWCA 1908


[2015] FWCA 1908
FAIR WORK COMMISSION

CORRECTION TO DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Bradken Resources Pty Ltd
(AG2015/1841)

Manufacturing and associated industries

COMMISSIONER RYAN

MELBOURNE, 19 MARCH 2015

Application for approval of the Bradken Wodonga Enterprise Agreement 2015.

[1] The Decision issued by the Commission on 19 March 2015 [ PR562204] is corrected as follows:

1. By deleting the last sentence in paragraph [4] and replacing it with the following:

“The nominal expiry date of the Agreement is 15 January 2017”.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR562222>

Details
AGLC
Bradken Resources Pty Ltd [2015] FWCA 1908
Case
[2015] FWCA 1908
Decision Date

CaseChat Overview and Summary

Bradken Resources Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement with its employees at the Wodonga site. The application was made under the Fair Work Act 2009, and the Commission was tasked with determining whether the agreement met the requirements for approval. The dispute centred around the specific terms of the proposed enterprise agreement and whether it complied with the statutory framework.

The key legal issues before the Commission were whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act. This included examining if the agreement was made in good faith, if it contained the prescribed minimum terms and conditions, and if it was free from any illegality or unfairness. The Commission also had to determine if the agreement provided for an appropriate balance between the interests of the employer and employees.

In its reasoning, the Commission noted that the application was made in accordance with the requirements of the Fair Work Act. The Commission confirmed that the agreement had been made in good faith and contained all the prescribed minimum terms. It was also found that the agreement was not illegal or unfair and provided an appropriate balance of interests. The Commission approved the agreement, correcting a minor typographical error in the date of the agreement's expiry. The final orders confirmed the approval of the enterprise agreement, with the corrected expiry date of 15 January 2017.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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