DECISION

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

Bradken Resources Pty Ltd
(AG2019/4299)

BRADKEN IPSWICH ENGINEERING OPERATIONS ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 23 DECEMBER 2019

Application for approval of the Bradken Ipswich Engineering Operations Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Bradken Ipswich Engineering Operations Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Bradken Resources Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be terms of the Agreement.

[4] 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. In accordance with s.201(2), I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2019. The nominal expiry date of the Agreement is 5 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bradken Resources Pty Ltd recently appeared before the Fair Work Commission, seeking approval for the Bradken Ipswich Engineering Operations Enterprise Agreement 2019. This application arose from negotiations between the company and the Australian Manufacturing Workers' Union. The dispute centred on whether the proposed enterprise agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement complied with the good faith bargaining and other procedural requirements, as well as if it adhered to the Fair Work (Registered Organisations) Act 2009.

The Commission examined whether the bargaining process was conducted in good faith and if the agreement met the criteria for registration under the Fair Work Act. Key issues included whether the agreement contained all necessary provisions and if it provided adequate protections for employees. The court also considered if the agreement had been fairly negotiated and if it offered appropriate terms and conditions for the employees involved.

In its decision, the Fair Work Commission found that the bargaining process was conducted in good faith and that the agreement complied with all legal requirements. The Commission approved the enterprise agreement, noting that it provided fair and reasonable terms and conditions for the employees. The agreement was deemed to be in the best interest of the employees and met all the necessary legislative criteria for approval.

The final orders included the registration of the Bradken Ipswich Engineering Operations Enterprise Agreement 2019, effective from the date of the Commission's decision. The agreement was set to govern the employment terms and conditions of the employees covered by the agreement, ensuring both parties were bound by its provisions.

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