DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Limited
(AG2019/565)

BROADSPECTRUM WA DEFENCE FACILITIES ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 20 MAY 2019

Application for approval of the Broadspectrum WA Defence Facilities Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum WA Defence Facilities Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Broadspectrum (Australia) Pty Limited. 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, 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 May 2019. The nominal expiry date of the Agreement is 19 May 2023.

COMMISSIONER

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 WA Defence Facilities Enterprise Agreement 2019. The applicant sought to have the agreement approved as a replacement for the existing Broadspectrum WA Defence Facilities Enterprise Agreement 2015. The dispute was heard by the Commission in Perth, with Commissioner S. M. M. Williams presiding.

The legal issues before the Commission included whether the agreement met the requirements of section 229 of the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions, and whether it was certified by a registered bargaining representative. The Commission also had to consider whether the agreement complied with the good faith bargaining obligations under section 186 of the Act.

After considering the evidence and submissions, the Commission determined that the Broadspectrum WA Defence Facilities Enterprise Agreement 2019 met the statutory requirements for approval. The agreement provided for fair and reasonable terms and conditions, and it had been certified by a registered bargaining representative. The Commission found that the agreement was the product of good faith bargaining and was therefore approved as a replacement for the existing agreement.

The Commission issued an order approving the Broadspectrum WA Defence Facilities Enterprise Agreement 2019 as a replacement for the existing agreement, effective from 1 April 2020. The new agreement will apply to employees of Broadspectrum (Australia) Pty Limited who are covered by the agreement. The decision of the Commission is final and binding on the parties.

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