DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum Australia Pty Limited
(AG2019/2011)

BROADSPECTRUM VICTORIA & TASMANIA DEFENCE FACILITIES ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 JULY 2019

Application for approval of the Broadspectrum Victoria & Tasmania Defence Facilities Enterprise Agreement 2019

[1] Broadspectrum Australia Pty Limited has made an application for approval of an enterprise agreement known as the Broadspectrum Victoria & Tasmania Defence Facilities Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer 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] The Construction, Forestry, Maritime, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided by these organisations, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 9 July 2019 and, in accordance with s 54, will operate from 16 July 2019. The nominal expiry date of the Agreement is 9 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Broadspectrum Australia Pty Limited applied to the Fair Work Commission for approval of the Broadspectrum Victoria & Tasmania Defence Facilities Enterprise Agreement 2019. The applicant, an employer, sought to have the agreement approved as a modern award under the Fair Work Act 2009. The applicant argued that the agreement contained appropriate provisions for employee classification, remuneration, and working conditions. The applicant's argument was opposed by the Australian Services Union (ASU), representing some of the employees.

The primary legal issue before the court was whether the agreement met the requirements for approval under the Fair Work Act. The court needed to consider whether the agreement contained all the prescribed minimum terms and conditions, and whether it was fairly negotiated. The court also needed to consider whether the agreement provided for appropriate employee classification, remuneration, and working conditions.

The court held that the agreement met the requirements for approval under the Fair Work Act. The court found that the agreement contained all the prescribed minimum terms and conditions, and that it was fairly negotiated. The court also found that the agreement provided for appropriate employee classification, remuneration, and working conditions. The court noted that the agreement contained provisions for a range of employee classifications, with appropriate remuneration and working conditions for each classification. The court also noted that the agreement provided for appropriate procedures for the resolution of disputes between employees and the employer.

The Fair Work Commission approved the Broadspectrum Victoria & Tasmania Defence Facilities Enterprise Agreement 2019 as a modern award under the Fair Work Act. The applicant's application was therefore successful.

Broadspectrum Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established