Bradken Resources Pty Ltd

[2013] FWCA 2418

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bradken Resources Pty Ltd
(AG2013/5964)

BRADKEN LAUNCESTON ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 19 APRIL 2013

Application for approval of the Bradken Launceston Enterprise Agreement 2013.

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

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 26 April 2013.The nominal expiry date of the Agreement is 25 April 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bradken Resources Pty Ltd applied to the Fair Work Commission for approval of the Bradken Launceston Enterprise Agreement 2013. Bradken is an employer, and the Australian Manufacturing Workers' Union (AMWU) is a registered trade union representing employees of Bradken. The dispute centred on whether the agreement, which contained provisions for a 'Trainee' classification, met the requirements for approval under the Fair Work Act 2009. The AMWU objected to the 'Trainee' classification, arguing it did not meet the criteria for an enterprise agreement.

The legal issues for the Commission to decide were whether the 'Trainee' classification was a bona fide occupational classification and whether the agreement provided for a fair and reasonable method of determining whether an employee was eligible for the classification. Additionally, the Commission had to determine if the agreement was procedurally sound and if it complied with the requirements of the Fair Work Act.

The Commission examined the evidence and submissions from both parties. It found that the 'Trainee' classification was bona fide and was a genuine occupational classification. The Commission was satisfied that the agreement provided for a fair and reasonable method of determining eligibility for the classification, as it involved a probationary period and performance assessments. The Commission also found that the agreement was procedurally sound, having been negotiated in good faith and with proper consultation. Consequently, the Commission approved the agreement, finding it met the statutory requirements.

The Fair Work Commission approved the Bradken Launceston Enterprise Agreement 2013, confirming that the 'Trainee' classification was a bona fide occupational classification and that the agreement was procedurally sound and met the statutory requirements. The Commission's decision was based on the evidence presented and the arguments from both Bradken and the AMWU.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established