Bradken Resources Pty Ltd T/A Bradken Mineral Processing Pty Ltd

[2017] FWCA 5802

[2017] FWCA 5802

FAIR WORK COMMISSION

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

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ANNEXURE A