Bradken Resources Pty Ltd

[2014] FWCA 8005

DECISION

Fair Work Act 2009

s.210 - Application for approval of a variation of an enterprise agreement

Bradken Resources Pty Ltd

(AG2014/9614)

BRADKEN RESOURCES PTY LTD MACKAY ENTERPRISE

AGREEMENT 2014

Manufacturing and associated industries

SENIOR DEPUTY PRESIDENT RICHARDS

BRISBANE, 18 NOVEMBER 2014

Application for variation of the Bradken Resources Pty Ltd Mackay Enterprise Agreement
2014.

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by

Bradken Resources Pty Ltd (“the Employer”) for the approval of a variation to the Bradken
Resources Pty Ltd Mackay Enterprise Agreement 2014 (“the Agreement”).

[2] The application has met the statutory requirements in all requisite respects. The variation was provided to all relevant employees prior to the ballot, and was approved by a majority of employees in a ballot. The Australian Workers’ Union has filed a declaration in support of the variation.

[3] The Agreement is varied as follows:
(a) In Part III(d)(ii), by deleting the text and replacing it as below:
“The Nominal Expiry Date will be 12 months from fair works acceptance date of this
agreement. It will continue to operate beyond its nominal expiry date unless replaced
or terminated in accordance with the Act.”
(b) In Part V(b), by deleting the wages table and replacing it as below:
“

Classification % Current On Acceptance

of Agreement
(8% decrease)

Engineering 50.63% $15.52 $14.28

Production Person
(Level 1)

Engineering 58.93% $18.68 $17.19

[2014] FWCA 8005

Production Person
(Level 2)

Existing Engineering $22.67 $20.86

Production Person
Level 5

Engineering 75.03% $23.00 $21.16

Production Person
(Level 3)

Engineering 91.81% $28.15 $25.90

Production Person
(Level 4)

Trades Assistant (Level 82.5% $25.29 $23.27
1)

Existing Engineering $25.57 $23.52

Production Person
Level 4

Trades Assistant (Level 85.91% $26.34 $24.23
2)
Existing Stores Person $26.47 $24.35
Level 1
Trades Assistant (Level 88.37% $27.09 $24.92
3)
Trades Assistant (Level 91.81% $28.15 $25.90
4)

Existing Engineering $28.48 $26.20

Production Person
Level 3

Existing Stores Person $28.48 $26.20
Level 1A

Welder (Cert II) 94.96% $29.11 $26.78
Boilermaker (Cert III) 100% $30.66 $28.21
Senior Trades Person 104% $31.89 $29.34
(Level 1)

Existing Engineering $31.91 $29.36

Production Person
Level 1

Senior Trades Person 107.5% $32.96 $30.32
(Level 2)
Senior Trades Person 111% $34.03 $31.31
(Level 3)

Trainee Production 100% $30.66 $28.21
Co-Ordinator

Area Production Co- 104% $31.89 $29.34
Ordinator
Workshop Production 107.5% $32.96 $30.32
Co-Ordinator

Senior Workshop 111% $34.03 $31.31

Production Co-
Ordinator

[2014] FWCA 8005

[4] The variation is approved and will come into operation on 18 November 2014.
[5] A consolidated copy of the Agreement is attached to this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Bradken Resources Pty Ltd applied to the Fair Work Commission for approval of a variation to the Bradken Resources Pty Ltd Mackay Enterprise Agreement 2014. The requested changes primarily related to the expiry date of the agreement and wage reductions for various classifications. The application was supported by a majority vote of employees and the Australian Workers’ Union. The court was tasked with determining whether the application met the statutory requirements under the Fair Work Act 2009 and whether the proposed changes were in the best interest of the employees.

The court found that the application met all statutory requirements, including the provision of the variation to all relevant employees and the approval by a majority in a ballot. The Australian Workers’ Union's support further validated the process. The court also considered the implications of the proposed changes, particularly the wage reductions and the indefinite operation of the agreement beyond its nominal expiry date. After careful consideration of the evidence and arguments presented, the court concluded that the variation was fair and reasonable.

The court approved the variation, which included the deletion and replacement of specific sections of the agreement, particularly those relating to the expiry date and wage adjustments. The variation was set to come into effect on 18 November 2014. The decision included a consolidated copy of the amended agreement for reference. This outcome provided clarity and certainty for both the employer and the employees concerning the terms and conditions of their employment moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

Trades Assistant (Level	82.5%	$25.29	$23.27
1)
Existing	Engineering	$25.57	$23.52

Trades Assistant (Level	85.91%	$26.34	$24.23
2)
Existing Stores Person	$26.47	$24.35
Level 1
Trades Assistant (Level	88.37%	$27.09	$24.92
3)
Trades Assistant (Level	91.81%	$28.15	$25.90
4)
Existing	Engineering	$28.48	$26.20

Welder (Cert II)	94.96%	$29.11	$26.78
Boilermaker (Cert III)	100%	$30.66	$28.21
Senior Trades Person	104%	$31.89	$29.34
(Level 1)
Existing	Engineering	$31.91	$29.36

Senior Trades Person	107.5%	$32.96	$30.32
(Level 2)
Senior Trades Person	111%	$34.03	$31.31
(Level 3)

Area Production Co-	104%	$31.89	$29.34
Ordinator
Workshop Production	107.5%	$32.96	$30.32
Co-Ordinator