DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd
(AG2019/404)

BROADSPECTRUM DEFENCE STORES ACT AGREEMENT 2019

Storage services
COMMISSIONER MCKINNON	MELBOURNE, 8 MARCH 2019

Application for approval of the Broadspectrum Defence Stores ACT Agreement 2019.

[1] Application has been made for approval of an enterprise agreement known as the Broadspectrum Defence Stores ACT Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) 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 National Union of Workers 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 15 March 2019. The nominal expiry date of the Agreement is 8 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd recently brought an application before the Federal Circuit and Family Court seeking approval of the Broadspectrum Defence Stores ACT Agreement 2019. The applicant sought to have the agreement approved as a new greenfields enterprise bargaining agreement, which would then be registered and recorded with the Fair Work Commission. The dispute centred around whether the agreement complied with the statutory requirements for enterprise agreements under the Fair Work Act 2009.

The court was required to determine whether the agreement met the necessary criteria for approval, including whether it had been fairly negotiated and if it contained the minimum terms and conditions as required by the Act. This included assessing whether the agreement provided for procedural fairness in its negotiation and whether it contained the minimum terms and conditions for wages, conditions, and other entitlements.

The court found that the agreement had been fairly negotiated and contained all the minimum terms and conditions required by the Fair Work Act. The court was satisfied that there had been procedural fairness in the negotiation of the agreement and that the agreement provided for the necessary minimum entitlements. Consequently, the court approved the agreement, and it was registered with the Fair Work Commission. The decision underscores the importance of ensuring that enterprise agreements are both fairly negotiated and contain the requisite minimum terms and conditions to be validly approved.

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