DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd
(AG2019/4877)

BROADSPECTRUM (AUSTRALIA) PTY LTD AND UNITED FIREFIGHTERS’ UNION OF AUSTRALIA (WA BRANCH) FIRE AND RESCUE ENTERPRISE AGREEMENT 2019

Fire fighting services
DEPUTY PRESIDENT BEAUMONT	PERTH, 15 JANUARY 2020

Application for approval of the Broadspectrum (Australia) Pty Ltd and United Firefighters’ Union of Australia (WA Branch) Fire and Rescue Enterprise Agreement 2019.

[1] Broadspectrum (Australia) Pty Ltd has made an application for the approval of an enterprise agreement known as the Broadspectrum (Australia) Pty Ltd and United Firefighters’ Union of Australia (WA Branch) Fire and Rescue Enterprise Agreement 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 as are relevant to this application for approval have been met.

[5] The model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

[6] The United Firefighters’ Union of Australia (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[7] The Agreement was approved on 15 January 2020 and, in accordance with s 54, will operate from 22 January 2020. The nominal expiry date of the Agreement is 15 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Broadspectrum (Australia) Pty Ltd and United Firefighters’ Union of Australia (WA Branch), the applicant sought approval of their Fire and Rescue Enterprise Agreement 2019, which was brought before the Fair Work Commission. The applicant, Broadspectrum, is a private company involved in providing emergency services, while the United Firefighters’ Union of Australia (WA Branch) represents the interests of the employees. The dispute primarily revolved around whether the proposed agreement complied with the Fair Work Act 2009, including provisions related to minimum entitlements, procedural fairness, and the agreement's capacity to facilitate effective bargaining and dispute resolution.

The legal issues that required resolution included assessing whether the agreement met the statutory criteria for approval, such as ensuring it provided for fair and reasonable minimum terms and conditions. The court also needed to determine if the agreement allowed for fair and genuine bargaining and if it was conducive to achieving improved productivity and efficiency. Additionally, the court was required to consider if the agreement provided adequate mechanisms for resolving disputes and if it adhered to the provisions of the Fair Work Act concerning procedural fairness.

The Fair Work Commission found that the proposed enterprise agreement met the statutory criteria for approval. The agreement was deemed to provide for fair and reasonable minimum terms and conditions, ensuring that employees were not disadvantaged. Furthermore, the court found that the agreement facilitated genuine bargaining and dispute resolution mechanisms, aligning with the principles of the Fair Work Act. The agreement was also considered conducive to achieving improved productivity and efficiency within the workplace. Consequently, the Commission approved the Broadspectrum (Australia) Pty Ltd and United Firefighters’ Union of Australia (WA Branch) Fire and Rescue Enterprise Agreement 2019.

Broadspectrum (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established