DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd
(AG2019/164)

BROADSPECTRUM WA CS&CS & TWU ENTERPRISE AGREEMENT 2019

Corrections and detentions
COMMISSIONER GREGORY	MELBOURNE, 7 JUNE 2019

Application for approval of the Broadspectrum WA CS&CS & TWU Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum WA CS&CS & TWU 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 Transport Workers’ 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2019. The nominal expiry date of the Agreement is 24 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd was the subject of an application for the approval of the Broadspectrum WA CS&CS & TWU Enterprise Agreement 2019 before the Fair Work Commission. The applicant, Broadspectrum, sought approval for the enterprise agreement that had been negotiated between the company and the Transport Workers Union. The dispute centred on the terms and conditions of employment within the agreement and its compliance with relevant industrial laws.

The legal issues before the Commission involved assessing whether the enterprise agreement complied with the Fair Work Act 2009 and whether the process of negotiation and agreement was conducted fairly and in good faith. The Commission had to determine if the agreement provided for fair and reasonable terms, including minimum rates of pay, hours of work, and other conditions of employment, and whether it met the requirements for employee representation and consultation. Additionally, the Commission needed to consider whether the agreement appropriately balanced the interests of both the employer and the employees.

In its decision, the Commission found that the Broadspectrum WA CS&CS & TWU Enterprise Agreement 2019 met the necessary legal requirements and was fair and reasonable. The Commission noted the thorough process of negotiation and the satisfactory representation of employee interests. It concluded that the agreement provided for fair terms and conditions of employment and complied with the Fair Work Act 2009. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Broadspectrum WA CS&CS & TWU Enterprise Agreement 2019, confirming its compliance with the Fair Work Act 2009 and its fairness regarding terms and conditions of employment. The Commission's decision was based on the evidence of a fair negotiation process and the agreement's reasonable provisions. This approval ensures that the agreement can be implemented, providing a clear framework for employment conditions within the specified scope.

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