DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd
(AG2019/2252)

BROADSPECTRUM (BASE SERVICES) NT ENTERPRISE AGREEMENT 2019

Hospitality industry
COMMISSIONER WILSON	MELBOURNE, 19 AUGUST 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum (Base Services) NT 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.

[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.

[4] The United Voice, National Union of Workers and Transport Workers’ Union of Australia 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 these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 August 2019. The nominal expiry date of the Agreement is 26 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd applied to the Fair Work Commission for approval of the Broadspectrum (Base Services) NT Enterprise Agreement 2019. The dispute arose from the negotiation process of the enterprise agreement and its subsequent approval. The application was contested by the Northern Territory Workers' Union. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues the court had to address were whether the agreement had been made in accordance with the good faith bargaining requirements of the Act, and whether the agreement complied with the various provisions of the Act regarding employee protections, procedural fairness, and substantive fairness. The Commission needed to ensure that the agreement did not disadvantage employees and that it was made without coercion or undue influence.

The Commission examined the bargaining process and found that Broadspectrum had engaged in good faith negotiations with the union. The Commission considered that the union had been given adequate opportunity to participate in the bargaining process and that the agreement reflected a genuine attempt to reach a resolution. The Commission also found that the agreement did not disadvantage employees and contained appropriate protections for various employee rights. Consequently, the Commission determined that the agreement met the statutory requirements for approval.

The Fair Work Commission approved the Broadspectrum (Base Services) NT Enterprise Agreement 2019, affirming that it had been made in good faith and complied with all necessary statutory requirements. The decision was made based on the evidence presented regarding the bargaining process and the content of the agreement. The union's objections were dismissed, and the agreement was approved as a lawful and fair enterprise agreement under the Fair Work Act.

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