Broadspectrum (Australia) Pty Ltd

[2020] FWCA 740

[2020] FWCA 740

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd
(AG2019/5093)

BROADSPECTRUM WATER SERVICES NSW ENTERPRISE AGREEMENT 2019

Water, sewerage and drainage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 FEBRUARY 2020

Application for approval of the Broadspectrum Water Services NSW Enterprise Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the Broadspectrum Water Services NSW Enterprise Agreement 2019 (the Agreement). The application was made by Broadspectrum (Australia) Pty Ltd 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.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.

[5] I note that Clauses 17 (b), 23.7, 23.8, 24 and 25 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 3 of the undertaking, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 2020. The nominal expiry date of the Agreement is 30 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE507066  PR716648>

Annexure A