DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd
(AG2018/5603)

BROADSPECTRUM WESTERN AUSTRALIA AIRCRAFT REFUELLING SERVICES ENTERPRISE AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 15 FEBRUARY 2019

Application for approval of the Broadspectrum Western Australia Aircraft Refuelling Services Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum Western Australia Aircraft Refuelling Services Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (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, and 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, 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), and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 15 February 2019 and, in accordance with s 54, will operate from 22 February 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd applied to the Fair Work Commission for approval of the Broadspectrum Western Australia Aircraft Refuelling Services Enterprise Agreement 2018. The application was made under the Fair Work Act 2009, and the dispute involved the terms and conditions of employment for employees in the aircraft refuelling services sector within Western Australia.

The legal issues before the Commission were primarily whether the agreement met the requirements for approval under the Fair Work Act. This included assessing whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it had been genuinely negotiated between the employer and employees. Additionally, the Commission needed to determine if the agreement complied with the prescribed process for approval of enterprise agreements under the Act.

The Fair Work Commission found that the agreement met the necessary criteria for approval. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment and that it had been genuinely negotiated. The Commission also confirmed that the agreement complied with the prescribed process for approval of enterprise agreements under the Fair Work Act. As a result, the Commission approved the Broadspectrum Western Australia Aircraft Refuelling Services Enterprise Agreement 2018.

The final orders of the Commission were that the Broadspectrum Western Australia Aircraft Refuelling Services Enterprise Agreement 2018 be approved under the Fair Work Act, and that the agreement be registered with the Fair Work Commission. This decision provided clarity and certainty for the parties involved, ensuring that the agreement would govern the employment terms and conditions for the relevant employees.

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