DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd
(AG2019/2650)

BROADSPECTRUM (AUSTRALIA) PTY LTD PILBARA REGION ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 16 SEPTEMBER 2019

Application for approval of the Broadspectrum (Australia) Pty Ltd Pilbara Region Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum (Australia) Pty Ltd Pilbara Region 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 September 2019. The nominal expiry date of the Agreement is 15 September 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd applied to the Fair Work Commission for approval of the Pilbara Region Enterprise Agreement 2019. The matter was heard by the Deputy President, who had to determine whether the agreement met the requirements of the Fair Work Act 2009. The primary concern was whether the agreement complied with the provisions for enterprise agreements, including the need for good faith bargaining and the protection of employee rights.

The court examined whether Broadspectrum (Australia) Pty Ltd had engaged in genuine bargaining with the employees' representatives. It also considered if the agreement provided adequate protections for employees' working conditions, pay, and other entitlements. Additionally, the court assessed whether the agreement adhered to the Fair Work Act’s mandatory terms and conditions that could not be derogated from.

After reviewing the evidence presented by both parties, the Deputy President found that Broadspectrum (Australia) Pty Ltd had engaged in genuine bargaining and that the agreement complied with the statutory requirements. The Deputy President concluded that the agreement provided appropriate protections for employees and met all legislative criteria. Therefore, the application for approval was successful. The agreement was approved, and it will now be binding on the relevant employees and the employer.

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