DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Limited T/A Broadspectrum
(AG2018/6852)

BROADSPECTRUM (AUSTRALIA) PTY LIMITED UNIFORM & LOGISTICS GREENFIELD AGREEMENT 2019

Retail industry
COMMISSIONER WILSON	MELBOURNE, 24 JANUARY 2019

Application for approval of the Broadspectrum (Australia) Pty Limited Uniform and Logistics Greenfield Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the Broadspectrum (Australia) Pty Limited Uniform and Logistics Greenfield Agreement 2019 (the Agreement). The application was made by Broadspectrum (Australia) Pty Limited T/A Broadspectrum pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the National Union of Workers is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the National Union of Workers and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2019. The nominal expiry date of the Agreement is 23 January 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Broadspectrum (Australia) Pty Limited T/A Broadspectrum, the Fair Work Commission was presented with an application for the approval of the Broadspectrum (Australia) Pty Limited Uniform and Logistics Greenfield Agreement 2019. This agreement aimed to regulate the employment terms and conditions of the employees in the uniform and logistics sectors of the company. The primary dispute involved whether the proposed agreement adequately met the statutory requirements for approval under the Fair Work Act 2009.

The court was required to determine whether the agreement complied with the provisions of the Fair Work Act, particularly sections concerning the need for a fair and flexible workplace, the protection of employees' rights, and the avoidance of adverse economic consequences. Additionally, the court needed to assess if the agreement appropriately balanced the interests of the employer and the employees, ensuring it was not contrary to public interest.

In its reasoning, the Fair Work Commission found that the agreement was consistent with the overarching objectives of the Fair Work Act. The commission highlighted that the agreement provided for fair and flexible arrangements, ensuring employees' rights were protected while allowing for efficient business operations. The commission also noted that the agreement did not lead to adverse economic consequences for the business and appropriately balanced the interests of both parties. Consequently, the commission approved the Broadspectrum (Australia) Pty Limited Uniform and Logistics Greenfield Agreement 2019.

The Fair Work Commission's decision was final, with no further orders required as the agreement was approved as submitted.

Broadspectrum (Australia) Pty Limited T/A Broadspectrum

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established