DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd
(AG2019/2166)

BROADSPECTRUM NT DEFENCE FACILITIES ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 17 JULY 2019

Application for approval of the Broadspectrum NT Defence Facilities Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum NT Defence Facilities 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 July 2019. The nominal expiry date of the Agreement is 17 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd recently faced a legal challenge in the Fair Work Commission concerning the approval of the Broadspectrum NT Defence Facilities Enterprise Agreement 2019. The dispute arose between Broadspectrum (Australia) Pty Ltd, the employer, and the Australian Manufacturing Workers' Union, representing the employees. The crux of the matter was whether the proposed enterprise agreement met the legal criteria for approval under the Fair Work Act 2009.

The Fair Work Commission was tasked with determining whether the enterprise agreement complied with the procedural and substantive requirements stipulated in the legislation. This included assessing whether the agreement was made in good faith, whether the appropriate procedures were followed, and whether it provided for fair and reasonable terms and conditions of employment. The Commission also needed to consider the extent to which the agreement promoted harmonious, productive, and cooperative workplace relations.

Upon reviewing the submissions and evidence, the Fair Work Commission concluded that the Broadspectrum NT Defence Facilities Enterprise Agreement 2019 was compliant with the statutory requirements. The Commission found that the agreement had been made in good faith, adhered to the necessary procedures, and provided for fair and reasonable terms and conditions for the employees. The Commission further noted that the agreement would likely foster harmonious and productive workplace relations. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission's decision resulted in the formal approval of the Broadspectrum NT Defence Facilities Enterprise Agreement 2019. The agreement now serves as a binding contract between Broadspectrum (Australia) Pty Ltd and the affected employees, setting the terms and conditions of their employment for the specified period.

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