DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd
(AG2019/3284)

BROADSPECTRUM (BASE SERVICES) VIC ENTERPRISE AGREEMENT 2019

Hospitality industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 6 NOVEMBER 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum (Base Services) VIC Enterprise 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. Pursuant to s.201(3), 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 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that clauses 11.1.6, 18.5(c), 18.6 and 19.4 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian 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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 6 November 2019 and, in accordance with s.54, will operate from 13 November 2019. The nominal expiry date of the Agreement is 31 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd, an employer, sought approval of the Broadspectrum (Base Services) VIC Enterprise Agreement 2019 from the Fair Work Commission. The agreement aimed to establish terms and conditions for employees under the Fair Work Act 2009. The Fair Work Commission, as the designated authority, was tasked with evaluating whether the agreement met the necessary standards and requirements for approval under the legislation. The primary legal issue before the Commission was whether the agreement fulfilled the criteria for being a lawful and fair enterprise agreement as prescribed by the Fair Work Act 2009. This involved assessing the agreement's compliance with procedural and substantive requirements, including the right to be free from coercion, the requirement for genuine bargaining, and the agreement's fairness in terms of the terms and conditions it provided to the employees.

The Commission examined the evidence presented to determine if the agreement was genuinely negotiated and if the process was free from any undue influence or coercion. The Commission also assessed the content of the agreement to ensure it did not disadvantage employees, considering various factors such as the level of pay, leave entitlements, and other working conditions. After careful consideration of the submissions and evidence from both parties, the Commission found that the agreement met the necessary criteria for approval. The Commission concluded that the agreement was the result of genuine bargaining, free from coercion and undue influence, and that it provided fair terms and conditions for the employees. The Fair Work Commission approved the Broadspectrum (Base Services) VIC Enterprise Agreement 2019, ensuring that it would now be legally binding on the employer and employees.

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