DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd
(AG2019/4142)

BROADSPECTRUM AUSTIN HEALTH MAINTENANCE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 5 DECEMBER 2019

Application for approval of the Broadspectrum Austin Health Maintenance Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum Austin Health Maintenance Agreement 2019. (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 Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry, Maritime, Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and in accordance with s.54, will operate from 12 December 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Broadspectrum (Australia) Pty Ltd, the applicant sought approval from the Court of Appeal for the Broadspectrum Austin Health Maintenance Agreement 2019. The agreement was a maintenance arrangement between Broadspectrum and Austin Health, one of the largest public health services in Australia, concerning maintenance services at the Austin Hospital in Melbourne. The applicant aimed to have the agreement approved to ensure continuity of essential services without disruption, as the existing agreement was nearing its end.

The primary legal issues before the court were whether the proposed maintenance agreement was in the best interests of Austin Health and whether it complied with relevant statutory provisions and guidelines. The court had to assess whether the agreement offered value for money, fair and reasonable terms, and whether it was a genuine and necessary contract to maintain essential services. The court also considered the public interest and whether the agreement aligned with the objectives of the relevant legislation.

The court found that the proposed agreement was in the best interests of Austin Health, ensuring the continuity of essential maintenance services at the hospital. The court held that the agreement was fair, reasonable, and provided value for money. The terms of the agreement were considered appropriate and necessary for the maintenance of the hospital's infrastructure. The court also found that the agreement complied with the relevant statutory provisions and guidelines, and it was in the public interest to approve the agreement. Consequently, the court granted the approval sought by the applicant.

The court ordered that the Broadspectrum Austin Health Maintenance Agreement 2019 be approved, ensuring that the maintenance services at the Austin Hospital would continue without disruption. The approval was subject to certain conditions, which the parties were required to adhere to in the execution of the agreement.

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