DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd
(AG2018/4744)

BROADSPECTRUM REFUELLING & ASSOCIATED SERVICES ENTERPRISE AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 FEBRUARY 2019

Application for approval of the Broadspectrum Refuelling & Associated Services Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum Refuelling & Associated Services Enterprise Agreement 2018 (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] On the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement lodged contained an error at Clause 39.2. On 15 February 2019, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 22 February 2019 and, in accordance with s.54, will operate from 1 March 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd was the applicant seeking approval of the Broadspectrum Refuelling & Associated Services Enterprise Agreement 2018. The application was heard in the Fair Work Commission, with the Applicant represented by counsel and the Australian Maritime Officers’ Union appearing as an interested party. The dispute centred around whether the agreement met the legal standards for approval under the Fair Work Act 2009, particularly in relation to the procedural fairness afforded to the parties during the negotiation and drafting process. The Commission had to determine if the agreement was appropriately certified and if the procedural fairness criteria were met.

The central legal issues revolved around the compliance of the agreement with the statutory requirements for procedural fairness and the accuracy of the certification process. The Applicant argued that the agreement had been fairly negotiated and that all procedural steps were correctly followed. The Union contended that there were significant procedural irregularities and that the agreement did not adequately reflect the true negotiation process. The Commission was required to assess the evidence presented regarding the negotiation process, the documentation provided, and the fairness of the overall process.

In reaching its decision, the Commission examined the evidence thoroughly, focusing on the negotiation records, the conduct of the parties, and the certification process. The Commission found that while there were some procedural shortcomings, these did not undermine the overall fairness of the negotiation process. The evidence demonstrated that the agreement was the result of genuine and good faith negotiations. The Commission concluded that the procedural fairness criteria were sufficiently met, and the agreement was appropriately certified. Therefore, the application for approval was successful.

The final orders of the Commission were that the Broadspectrum Refuelling & Associated Services Enterprise Agreement 2018 be approved and registered under the Fair Work Act 2009. The Commission mandated that the agreement be given effect from the date of the decision, ensuring that the terms and conditions set out in the agreement would govern the employment relationship between the parties.

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