DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bradken Resources Pty Ltd
(AG2020/3752)

BRADKEN RESOURCES PTY LTD WUNDOWIE SITE ENTERPRISE AGREEMENT 2020.

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 11 JANUARY 2021

Application for approval of the Bradken Resources Pty Ltd Wundowie Site Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Bradken Resources Pty Ltd Wundowie Site Enterprise Agreement 2020 (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 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 18 January 2021. The nominal expiry date of the Agreement is 6 April 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bradken Resources Pty Ltd recently sought approval of a new enterprise agreement from the Fair Work Commission. The applicant, Bradken, is a company that operates in the mining and construction sectors and has its headquarters in Melbourne. The dispute involved the proposed Wundowie Site Enterprise Agreement 2020, which the company intended to implement for its employees at its Wundowie site in Western Australia. The applicant sought the Commission's approval under section 233 of the Fair Work Act 2009.

The central legal issues before the Commission related to whether the proposed agreement met the requirements of the Fair Work Act and whether it was in the best interests of the employees. This involved assessing whether the agreement was negotiated fairly and in good faith, whether it contained the minimum terms and conditions as stipulated by the Act, and whether it provided a safety net for employees. Furthermore, the Commission needed to consider whether the agreement would result in a detrimental impact on the employees' wages, conditions, or overall welfare.

The Commission examined the evidence presented by both Bradken and the relevant trade unions. It considered the negotiation process, the terms of the agreement, and the potential impact on the employees. The Commission found that the agreement was negotiated in good faith and contained the necessary minimum terms and conditions as per the Act. The proposed changes, while impacting certain employees, did not result in a detrimental effect on wages or conditions overall. Consequently, the Commission approved the proposed agreement, finding it to be in the best interests of the employees.

In conclusion, the Fair Work Commission approved the Bradken Resources Pty Ltd Wundowie Site Enterprise Agreement 2020, deeming it to be fair and in the best interests of the employees. The Commission found that the agreement met the requirements of the Fair Work Act and did not result in a detrimental impact on the employees' wages, conditions, or welfare. The approval of the agreement will now allow Bradken to implement the new terms and conditions at its Wundowie site.

Bradken Resources Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established