Broadspectrum (Australia) Pty Limited T/A Broadspectrum

[2020] FWCA 6391

[2020] FWCA 6391

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Limited T/A Broadspectrum
(AG2020/3294)

BROADSPECTRUM MOBIL ALTONA REFINERY BUILDING AND CONSTRUCTION ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 NOVEMBER 2020

Application for approval of the Broadspectrum Mobil Altona Refinery Building and Construction Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum Mobil Altona Refinery Building and Construction Enterprise Agreement 2020 (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 T/A Broadspectrum. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] I note that Clauses 16, 33, 34, 9 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5(c) of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The Agreement lodged contained references to the incorrect relevant Award that would otherwise apply to the employees. On the 26 November 2020, the Applicant filed an amended Agreement, removing the incorrect references, pursuant to s.586 of the Act. I am satisfied that the correction should be made and it is appropriate to do so pursuant to s.586 of the Act.

[5] The Construction, Forestry, Mining, Maritime, and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 December 2020. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

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