DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bradken Resources Pty Ltd T/A Bradken Mineral Processing Pty Ltd
(AG2017/4641)

BRADKEN ADELAIDE ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 NOVEMBER 2017

Application for approval of the Bradken Adelaide Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Bradken Adelaide Enterprise Agreement 2017 (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 Mineral Processing Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant 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 referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisations.

[6] The Agreement was approved on 6 November 2017 and, in accordance with s.54, will operate from 13 November 2017. The nominal expiry date of the Agreement is 29 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Bradken Resources Pty Ltd, trading as Bradken Mineral Processing Pty Ltd, applied to the Fair Work Commission for the approval of the Bradken Adelaide Enterprise Agreement 2017. The application arose from negotiations between the company and its employees represented by the Australian Manufacturing Workers’ Union. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement complied with the relevant provisions of the Act and was in the best interests of the employees.

The primary legal issue before the Commission was whether the enterprise agreement complied with section 230 of the Fair Work Act, which mandates that agreements must be free from any coercion, undue influence, and be in the best interests of the employees. Additionally, the Commission had to ensure that the agreement was not contrary to the public interest, as required by section 231 of the Act. The application also involved verifying that the agreement had been properly certified by the Independent Employee Representative, as per section 228.

In its decision, the Commission examined the negotiation process, the contents of the agreement, and the certification process. The Commission found that the agreement was negotiated in good faith and that there was no evidence of coercion or undue influence. The Commission also considered the fairness and benefits of the agreement to the employees and concluded that it was in their best interests. Furthermore, the Commission was satisfied that the agreement did not contravene any public interest considerations. Based on these findings, the Commission approved the Bradken Adelaide Enterprise Agreement 2017.

Bradken Resources Pty Ltd T/A Bradken Mineral Processing 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