DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Limited T/A Broadspectrum
(AG2016/4954)

BROADSPECTRUM (AUSTRALIA) PTY LIMITED GROUNDS & RANGE WA ENTERPRISE AGREEMENT 2016

Gardening services
COMMISSIONER GREGORY	MELBOURNE, 15 SEPTEMBER 2016

Application for approval of the Broadspectrum (Australia) Pty Limited Grounds & Range WA Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum (Australia) Pty Limited Grounds & Range WA Enterprise Agreement 2016 (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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 September 2016. The nominal expiry date of the Agreement is 29 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Limited, trading as Broadspectrum, applied for the approval of the Broadspectrum (Australia) Pty Limited Grounds & Range WA Enterprise Agreement 2016. The application was heard in the Fair Work Commission, where the dispute centred on the agreement's compliance with relevant industrial laws and its fairness to the employees involved.

The legal issues before the court involved verifying that the enterprise agreement was genuinely negotiated between Broadspectrum and the relevant employee representatives, assessing its compliance with statutory requirements, and ensuring that it met the criteria for approval under the Fair Work Act 2009. Specifically, the court examined whether the agreement contained mandatory terms, if it provided for the proper operation of the business, and whether it ensured fairness to employees.

In its decision, the Fair Work Commission found that the Broadspectrum (Australia) Pty Limited Grounds & Range WA Enterprise Agreement 2016 was appropriately negotiated and contained terms that were fair and reasonable. The court determined that the agreement complied with the necessary statutory requirements and was beneficial for the employees. Consequently, the Commission approved the agreement, recognising it as a valid and enforceable enterprise agreement.

The Fair Work Commission's final order was the approval of the Broadspectrum (Australia) Pty Limited Grounds & Range WA Enterprise Agreement 2016, effective from the date of the decision. This approval confirmed the agreement's legitimacy and its capacity to regulate the employment conditions for the parties involved.

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