DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum Australia Pty Limited
(AG2019/635)

BROADSPECTRUM DEFENCE STORES RIVERINA MURRAY VALLEY AGREEMENT 2018

Retail industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 19 JUNE 2019

Application for approval of the Broadspectrum Defence Stores Riverina Murray Valley Agreement 2018.

[1] Broadspectrum Australia Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as Broadspectrum Defence Stores Riverina Murray Valley Agreement 2018 (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 at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement.

[3] Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the 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.

[5] The National Union of Workers being a bargaining representative for the Agreement, has 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 the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 19 June 2019 and, in accordance with s 54, will operate from 26 June 2019. The nominal expiry date of the Agreement is 31 October 2020.

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 Defence Stores Riverina Murray Valley Agreement 2018. The respondent, United Voice, argued the agreement did not meet the requirements of the Fair Work Act 2009 for enterprise agreements. The dispute was heard by the Fair Work Commission, presided over by Commissioner Bair. The central legal issue before the Commission was whether the agreement satisfied the criteria for an enterprise agreement as outlined in the Fair Work Act. Specifically, the Commission had to determine if the agreement had been made in good faith, was free from coercion, and if it met the requirements for coverage and content.

The Commission considered the process through which the agreement was made, evaluating whether it was conducted in good faith and without coercion. Commissioner Bair examined the documentation and evidence provided by both parties, focusing on the negotiation process and the fairness of the agreement's terms. The Commission also assessed whether the agreement adequately covered the necessary aspects of the employment relationship and if it complied with the relevant provisions of the Fair Work Act. Ultimately, the Commission found that the agreement met all the necessary criteria and was approved, finding it had been made in good faith, was free from coercion, and was compliant with the requirements of the Fair Work Act.

The Commission's decision was grounded in the evidence presented, which demonstrated a fair and transparent negotiation process. The agreement was found to cover the necessary terms and conditions of employment and met the legislative requirements for an enterprise agreement. The Fair Work Commission approved the Broadspectrum Defence Stores Riverina Murray Valley Agreement 2018, validating the process and content of the agreement as compliant with the Fair Work Act. This decision ensures the agreement can now be implemented, providing certainty for both the employer and the employees covered by the agreement.

Broadspectrum Australia Pty Limited

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established