Bradken Resources Pty Ltd

[2014] FWCA 1100

[2014] FWCA 1100

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Bradken Resources Pty Ltd
(AG2014/3589)

BRADKEN INNISFAIL ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 18 FEBRUARY 2014

Application for variation of the Bradken Innisfail Enterprise Agreement 2012.

[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 Innisfail Enterprise Agreement 2012 (“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.

[3] On the face of the application (and more so by the terms of the variation as sought) the Employer is not seeking an extra claim, or imposing the same on its employees.

[4] The Agreement is varied as follows:

(a) By adding a new clause 3.2.2 “Team Leader Wages” as below:

TEAM LEADER WAGES

Level	2013 -3% increase
Team Leader - Level 1	31.6792
Team Leader - Level 2	40.34706

(b) In the third line of clause 5.2.9, by deleting “152 hours” and replacing it with “15 days”.

[5] The consultation clause in the Agreement does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement. The undertaking given by the Employer at the time the Agreement was approved remains a term of the Agreement and is attached to the Agreement as varied.

[6] The variation is approved and will come into operation on 18 February 2014.

[7] A consolidated copy of the Agreement is attached to this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code G, AE898807  PR547766>