Broadspectrum (Australia) Pty Ltd

[2019] FWCA 3388

[2019] FWCA 3388

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Broadspectrum (Australia) Pty Ltd
(AG2018/7078)

PARKLEA CORRECTIONAL CENTRE - CORRECTIONAL OFFICERS GREENFIELDS ENTERPRISE AGREEMENT 2019

Corrections and detentions
DEPUTY PRESIDENT CROSS	SYDNEY, 15 MAY 2019

Application for approval of the Parklea Correctional Centre - Correctional Officers Greenfields Enterprise Agreement 2019.

[1] An application has been made for the approval of a single-enterprise greenfields agreement known as the Parklea Correctional Centre – Correctional Officers Greenfields Enterprise Agreement 2019 (the ‘Agreement’). The application was made by Broadspectrum (Australia) Pty Ltd (the ‘Applicant’) pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’).

[2] In April, 2018, the New South Wales Government advised that the then operator of the Parklea Correctional Centre (the ‘Facility’) had not been shortlisted to operate the Facility beyond 31 March, 2019. On 20 September, 2018, the Applicant was announced as the operator of the Facility from 1 April, 2019.

[3] The Agreement was made on 18 December, 2018. It was made by the Applicant and the Community and Public Sector Union (the ‘CPSU’). The CPSU support the approval of the Agreement and say it is in the public interest. I am satisfied that the CPSU are entitled to represent the majority of the employees who will be covered by the Agreement, and agree that it is in the public interest to approve the Agreement.

[4] I am satisfied that the relevant requirements of ss 186 and 187 of the Act concerning this application for approval have been met.

[5] In particular, I am satisfied that the Agreement is a single-enterprise greenfields agreement. The Agreement relates to a genuine new enterprise pursuant to s 172(2)(b) of the Act 1. The Agreement was made well before the Applicant commenced as operator of the Facility. Further, in answer to an enquiry from the Fair Work Commission, the Applicant advised that no employees who would be covered by the Agreement were employed at the time the Agreement was made.

[6] The CPSU gave notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the CPSU.

[7] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven (7) days after the issuing of this approval decision. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

 1   See also National Union of Workers, New South Wales v HP Distribution Pty Ltd [2013] FCA 139 at [29] to [34].

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