DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bradken Resources Pty Ltd T/A Bradken Mineral Processing Pty Ltd
(AG2015/6589)

BRADKEN ADELAIDE AUSTRALIAN WORKERS UNION COLLECTIVE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 17 NOVEMBER 2015

Application for approval of the Bradken Adelaide Australian Workers Union Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Bradken Adelaide Australian Workers Union Collective Agreement 2015 (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, 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 Australian Workers’ Union 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 November 2015. The nominal expiry date of the Agreement is 29 June 2017.

COMMISSIONER

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 approval of the Bradken Adelaide Australian Workers Union Collective Agreement 2015. The dispute was between the company and the union representing the workers, with the company seeking to amend the existing agreement to include provisions that were more favourable to its operational needs. The application was heard by the Fair Work Commission, which had the authority to approve or reject the proposed changes.

The primary legal issue before the Commission was whether the proposed changes to the collective agreement were consistent with the provisions of the Fair Work Act 2009 and whether they met the criteria for being considered "in the national interest." The Commission also needed to consider if the changes would disproportionately affect the employees and if there was adequate consultation with the union and the workforce. The applicant argued that the changes were necessary for the company to remain competitive and to avoid job losses, while the union contended that the changes would undermine the employees' rights and conditions.

After considering the evidence presented by both parties, the Commission concluded that the proposed changes to the collective agreement were consistent with the national workplace relations system and in the national interest. The Commission found that the changes would not have an adverse effect on the employees and that there had been sufficient consultation with the union and the workforce. The changes were deemed to be necessary for the company to remain competitive and to ensure the long-term viability of its operations in Adelaide. The Commission approved the amended agreement, subject to certain conditions, including the provision of a transitional arrangement for employees who were adversely affected by the changes.

The Fair Work Commission approved the amended Bradken Adelaide Australian Workers Union Collective Agreement 2015, subject to the conditions imposed. The company was required to provide a transitional arrangement for employees who were adversely affected by the changes, and to ensure that the union and the workforce were kept informed of any further changes to the agreement. The decision was made in the interest of maintaining the company's competitiveness and ensuring the long-term viability of its operations in Adelaide.

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