Bradken Resources Pty Ltd T/A Bradken Summary

[2013] FWCA 6016

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bradken Resources Pty Ltd T/A Bradken
(AG2013/2332)

BRADKEN BASSENDEAN (WA) ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 22 AUGUST 2013

Application for approval of the Bradken Bassendean (WA) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bradken Bassendean (WA) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[2] 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) of the Act I note that the Agreement covers the organisation.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bradken Resources Pty Ltd, trading as Bradken, applied for approval of the Bradken Bassendean (WA) Enterprise Agreement 2013 before the Fair Work Commission. The agreement was intended to regulate the terms and conditions of employment for its employees at the Bassendean plant in Western Australia. The dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009, specifically if it was a "better off overall test" (BOOT) agreement.

The primary legal issue before the Commission was whether the agreement provided employees with a BOOT compared to the applicable award or safety net. The Commission had to assess if the agreement's terms were fair and reasonable, taking into account factors such as wages, penalty rates, and other employment conditions. Additionally, the Commission examined if the agreement appropriately balanced the interests of the employer and employees.

In reaching its decision, the Commission considered extensive evidence and submissions from both Bradken and the union representing the employees. The Commission found that the agreement contained provisions that were reasonably equivalent to the relevant award, ensuring that employees were not worse off. It also determined that the agreement provided for fair compensation and working conditions that aligned with the principles of the safety net. The Commission concluded that the agreement met the BOOT requirements and was fair and reasonable.

The Commission approved the Bradken Bassendean (WA) Enterprise Agreement 2013, certifying it as a registered agreement under the Fair Work Act 2009. This decision ensured that the terms of the agreement would apply to the employees at the Bassendean plant, providing them with a fair and reasonable set of employment conditions.

Bradken Resources Pty Ltd T/A Bradken

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established