Bradken Resources Pty Ltd

[2013] FWCA 6442

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bradken Resources Pty Ltd
(AG2013/8589)

BRADKEN RESOURCES PTY LTD HENDERSON ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 3 SEPTEMBER 2013

Application for approval of the Bradken Resources Pty Ltd Henderson Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bradken Resources Pty Ltd Henderson Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 23 August 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bradken Resources Pty Ltd sought approval of the Henderson Enterprise Agreement 2013, which was intended to cover its employees. The application was made under the Fair Work Act 2009. The primary dispute was whether the agreement met the requirements of the Act for it to be certified and therefore approved by the Fair Work Commission.

The central legal issue was whether the agreement complied with section 235 of the Fair Work Act, which sets out the criteria that must be satisfied for an enterprise agreement to be certified. This included examining whether the agreement contained the necessary provisions regarding minimum entitlements, whether it was free from prohibited content, and whether it had been genuinely negotiated between the parties. Additionally, the court had to consider whether the agreement complied with the procedural requirements for making an application for approval.

The court examined the contents of the agreement and found that it did indeed meet the statutory criteria for certification. The agreement contained all the necessary minimum terms and conditions, was free from prohibited content, and had been genuinely negotiated between the parties. Furthermore, the application process was found to be compliant with the procedural requirements. Consequently, the court approved the agreement, finding that it satisfied all the legislative criteria.

The Fair Work Commission approved the application, certifying the Henderson Enterprise Agreement 2013. The agreement was therefore approved and could be applied to Bradken Resources Pty Ltd and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established