Bridge Resources Pty Ltd

[2024] FWCA 594

[2024] FWCA 594

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bridge Resources Pty Ltd

(AG2024/147)

BRIDGE RESOURCES PTY LTD ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER LIM	PERTH, 16 FEBRUARY 2024

Application for approval of the Bridge Resources Pty Ltd Enterprise Agreement 2023

1. Bridge Resources Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Bridge Resources Pty Ltd Enterprise Agreement 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act).  The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s 173(2) was 13 November 2023 and the Agreement was made on 19 January 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. 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.

1. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

1. Clause 5.17 of the Agreement states that if ‘an employee who has worked on a full-time or part-time basis throughout the period of casual employment has the right to elect to convert their contract of employment to full-time or part-time. This may be inconsistent with the NES which states that the employee must be offered casual conversion if employed for 12 months and working regular pattern for 6 months, where the period of casual employment extends beyond these time frames. Additionally, clause 24.8 provides for abandonment of employment, whereby the employee may be subject to disciplinary action, up to and including termination of employment. This may be inconsistent with the NES at section 117 of the Act However, I am satisfied that under clause 4.3 of the Agreement, the more beneficial entitlements of the National Employment Standards (NES) will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement was approved on 16 February 2024 and, in accordance with s 54, will operate from 23 February 2024.  The nominal expiry date of the Agreement is 16 February 2028.

COMMISSIONER

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ANNEXURE A