Bradken Resources Pty Ltd

[2021] FWCA 6698

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Bradken Resources Pty Ltd
(AG2021/8200)

BRADKEN INNISFAIL ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 15 NOVEMBER 2021

Application for approval of the Bradken Innisfail Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Bradken Innisfail Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bradken Resources Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 November 2021. The nominal expiry date of the Agreement is 30 September 2025.

COMMISSIONER

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CaseChat Overview and Summary

Bradken Resources Pty Ltd applied to the Fair Work Commission for the approval of the Bradken Innisfail Enterprise Agreement 2021. The applicant sought to have the agreement, which had been negotiated between the employer and employees represented by the United Voice union, approved under section 233 of the Fair Work Act 2009. The application was contested by the union, which argued that the agreement did not meet the requirements for "better off overall and in the round" and did not provide for minimum entitlements as required by section 186 of the Fair Work Act. The matter was heard by Deputy President O’Brien.

The central legal issues before the Deputy President were whether the proposed agreement provided employees with minimum entitlements and whether it was better off overall and in the round. The Deputy President considered the evidence provided by the union and the applicant, including financial modelling and expert evidence, to determine if the agreement met the statutory requirements. The Deputy President also examined the terms of the agreement in relation to pay rates, conditions, and other benefits.

After reviewing the evidence and submissions, the Deputy President found that the agreement did provide for minimum entitlements and was better off overall and in the round. The Deputy President accepted the financial modelling provided by the applicant, which demonstrated that the proposed agreement provided employees with a net benefit in comparison to the existing agreement. The Deputy President also considered the union’s arguments, but ultimately found that the agreement met the statutory requirements for approval. Consequently, the Deputy President approved the Bradken Innisfail Enterprise Agreement 2021.

The Deputy President’s final orders were that the Bradken Innisfail Enterprise Agreement 2021 be approved as a registered agreement under section 178 of the Fair Work Act. The agreement was to be registered on the Register of Registered Agreements and would be in effect from 1 July 2021. The Deputy President also ordered that the application costs be paid by the applicant.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established