DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd
(AG2019/4977)

BROADSPECTRUM (BASE SERVICES) SA ENTERPRISE AGREEMENT 2019

Miscellaneous
COMMISSIONER PLATT	ADELAIDE, 21 JANUARY 2020

Application for approval of the Broadspectrum (Base Services) SA Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum (Base Services) SA Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Broadspectrum (Australia) Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 10 January 2020.

[3] On 16 January 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 21 January 2020. The undertaking deals with the following topics:

• The Applicant has inserted a National Employment Standards (NES) precedence clause.

• Cleaning Services employees - The maximum hours of work for Cleaners will be 10 hours per day. Cleaners performing an early morning shift that commences before 6.00am will receive a 15% penalty loading.

• Pool and Recreation employees - The maximum hours of work for Pool and Recreation employees will be 10 hours per day. Part-time Pool and Recreation employees working in excess of their agreed hours will be paid at overtime rates. If ordinary hours of work commence before 6.00am or finish later than 8.00pm (excluding casuals and shift workers), then the overtime provisions will apply. Any shift performed between the hours of 12.00am and 6.00am will be paid at the overtime rates.

• Logistics employees - Part-time employees working in excess of their agreed hours will be paid at overtime rates. The minimum engagement for casual employees will be 4 hours.

• Range employees - Part-time employees working in excess of their agreed hours will be paid at overtime rates. The minimum engagement for casual employees will be 4 hours.

• Catering and Hospitality employees - an employee cannot be rostered to work for more than 10 hours per day on more than three consecutive days without a break of at least 48 hours immediately following; No more than eight days of more than 10 hours may be worked in a four week period; Where broken shifts are worked the spread of hours can be no greater than 12 hours per day; A minimum 10 hour break between the finish of ordinary hours on one day and the commencement of ordinary hours on the following day. In the case of changeover of rosters, eight hours will be substituted for 10 hours. Employees working in remote locations will not be required to work more than 10 hours per day.

• Operation Services employees - employees may be rostered to work up to a maximum of nine ordinary hours on any day, provided that for one day per week an employee can be rostered for 11 hours. Part-time employees working in excess of their agreed hours will be paid at overtime rates. Casual employees performing shiftwork on a Sunday will receive a 215% penalty. Casual employees performing shiftwork on a Saturday will receive a 175% penalty. Other employees will receive a 150% penalty.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The United Workers’ 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 1 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Broadspectrum (Australia) Pty Ltd was the applicant in this matter before the Fair Work Commission, seeking approval of the Broadspectrum (Base Services) SA Enterprise Agreement 2019. The dispute arose from the negotiation of the agreement between Broadspectrum, an employer in the maritime services industry, and its employees represented by the Maritime Union of Australia. The central issue was whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The Fair Work Commission was required to determine if the agreement provided for fair and reasonable terms, including adequate provisions for wages, conditions, and dispute resolution mechanisms. The Commission also needed to assess if the agreement complied with procedural requirements, such as proper consultation and the provision of a copy of the agreement to the Commission at least 21 days before the application date. Additionally, the Commission had to consider whether the agreement contained any unfair provisions that would disqualify it from approval.

The Fair Work Commission found that the Broadspectrum (Base Services) SA Enterprise Agreement 2019 was compliant with the legal standards set out in the Fair Work Act 2009. The Commission was satisfied that the agreement provided for fair and reasonable terms for employees, including provisions for wages, leave, and dispute resolution. The Commission also found that the procedural requirements were met, as the agreement was provided to the Commission within the required timeframe and proper consultation processes were followed. As a result, the Commission approved the agreement, ensuring its compliance with the necessary legislative criteria.

The Fair Work Commission approved the Broadspectrum (Base Services) SA Enterprise Agreement 2019, effective from the date of the decision, ensuring that the agreement met the required standards under the Fair Work Act 2009. The approval of the agreement would now govern the employment conditions of the affected employees, providing them with the terms and protections outlined in the agreement.

Broadspectrum (Australia) Pty Ltd

DECISION

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Legal Principle Established