Bradken Resources Pty Ltd

[2013] FWCA 7154

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Bradken Resources Pty Ltd

(AG2013/2641)

BRADKEN RESOURCES PTY LTD WUNDOWIE SITE ENTERPRISE AGREEMENT 2011

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 19 SEPTEMBER 2013

Application for variation of the Bradken Resources Pty Ltd Wundowie Site Enterprise Agreement 2011.

An application has been made by Bradken Resources Pty Ltd for variation of the Bradken Resources Pty Ltd Wundowie Site Enterprise Agreement 2011 (the Agreement) as follows:

By deleting Clause 10.8(b) and replacing with a new Clause 10.8 (b) that reads:

”Once the employee has taken any five days of sick leave without a signed certificate from a medical practitioner, or proof to satisfy a reasonable person, during the year, proof is required on the first day of sick leave.”

The variation as approved will come into force on 19 September 2013.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bradken Resources Pty Ltd sought to have the Federal Circuit Court vary the Bradken Resources Pty Ltd Wundowie Site Enterprise Agreement 2011, which governs the employment of certain workers at the Wundowie site. The dispute involved the interpretation of specific clauses within the agreement, and the application was made under the Fair Work Act 2009. The respondents, who were employees represented by the Construction, Forestry, Maritime, Mining and Energy Union, opposed the application.

The primary legal issues before the court were the interpretation and application of certain clauses in the enterprise agreement, particularly those concerning shift patterns and overtime entitlements. The applicants argued that variations were necessary to improve operational efficiency and align the agreement with current business practices. The respondents contended that the proposed changes would negatively impact their working conditions and entitlements.

The court found that the applicants had not demonstrated that the proposed variations met the criteria for being "in the national system interest" as required by section 234 of the Fair Work Act. The court was satisfied that the existing agreement was fair and reasonable, and the proposed changes would not result in a significant improvement to the operation of the business or the working conditions of the employees. The application for variation was therefore dismissed. The court emphasised that any changes to the agreement must be in the interest of both the employer and the employees and must not disadvantage the employees.

No further orders were made by the court.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established