austlii:cth/FWCA/2025/4032
General information, not legal advice.
FWCA
2025-11-28
Original judgment source is linked above.
Application for approval of the Bradken Innisfail Enterprise Agreement 2025
[1] Bradken Resources Pty Ltd ("the Employer") has applied for approval of an enterprise agreement known as Bradken Innisfail Enterprise Agreement 2025 ("the Agreement"). The Application was made under section 185 of the Fair Work Act 2009 ("the Fair Work Act"). The Agreement is a single enterprise agreement.
[2] The Employer advised of a typographical error in the declaration it provided in support of its application, in that the wrong location had been stated, instead of Innisfail. I waive this irregularity pursuant to section 586 of the Fair Work Act.
[3] There is a minor discrepancy as between the Notice of Employee Representational Rights, and the Agreement as made, as to the Agreement's title. For the purposes of subsection 188(5) I am satisfied that this was a minor technical error and not likely to disadvantage any employees in the circumstances.
[4] Noting clause 1.4.1 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards ("NES") in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.
[5] In light of the foregoing, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, and 188 of the Fair Work Act as are relevant to this application for approval have been met.
[6] The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 30 September 2028.

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