DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bradken Resources Pty Ltd T/A Bradken Mackay
(AG2017/259)

BRADKEN RESOURCES PTY LTD MACKAY ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 24 FEBRUARY 2017

Application for approval of the Bradken Resources Pty Ltd Mackay Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bradken Resources Pty Ltd Mackay Enterprise Agreement 2016 (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 T/A Bradken Mackay. The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 March 2017. The nominal expiry date of the Agreement is 24 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bradken Resources Pty Ltd, trading as Bradken Mackay, sought approval of the Bradken Resources Pty Ltd Mackay Enterprise Agreement 2016 from the Fair Work Commission. The application was made under section 233 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for employees working at Bradken Mackay's operations in Mackay, Queensland. The applicants, Bradken Resources, argued that the proposed agreement was in the best interests of the employees and the company.

The legal issues before the commission included whether the agreement met the criteria for approval under the Fair Work Act, specifically whether it provided for fair and efficient workplace relations and was free from any improper interference. The commission had to consider if the agreement provided for fair and efficient workplace relations, whether it was free from any improper interference, and whether it complied with the requirements of the Fair Work Act.

The Fair Work Commission found that the Bradken Resources Mackay Enterprise Agreement 2016 met the criteria for approval. The agreement provided for fair and efficient workplace relations and was free from any improper interference. The commission considered the evidence and submissions presented by both parties and concluded that the agreement was in the best interests of the employees and the company. The commission approved the application for the agreement's registration.

The Fair Work Commission approved the application for the registration of the Bradken Resources Mackay Enterprise Agreement 2016, finding that it met the criteria for approval under the Fair Work Act. The agreement was registered, and the terms and conditions set out in the agreement became binding on the parties. The decision provides guidance for employers and employees in negotiating and approving enterprise agreements.

Bradken Resources Pty Ltd T/A Bradken Mackay

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established