DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd
(AG2018/1115)

BROADSPECTRUM (OPERATIONS, MAINTENANCE & MISCELLANEOUS SERVICES ON GAS WELLS AND ASSOCIATED PLANT) ENTERPRISE AGREEMENT 2017

Oil and gas industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 JULY 2018

Application for approval of the Broadspectrum (Operations, Maintenance & Miscellaneous Services on Gas Wells and Associated Plant) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum (Operations, Maintenance & Miscellaneous Services on Gas Wells and Associated Plant) Enterprise Agreement 2017 (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, 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] 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.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[6] The Agreement was approved on 25 July 2018 and, in accordance with s.54, will operate from 1 August 2018. The nominal expiry date of the Agreement is 25 July 2021.

DEPUTY PRESIDENT

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 approval of the Broadspectrum (Operations, Maintenance & Miscellaneous Services on Gas Wells and Associated Plant) Enterprise Agreement 2017. The applicant, Broadspectrum, sought approval of the agreement from the Fair Work Commission. The dispute arose from negotiations between Broadspectrum and the Australian Manufacturing Workers’ Union, leading to the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement should be approved under the Fair Work Act 2009.

The central legal issues before the Commission included whether the agreement provided for the terms and conditions of employment in a fair and balanced manner, and whether it complied with the requirements of the Fair Work Act. Specifically, the Commission had to consider whether the agreement adequately protected employee entitlements, promoted productivity, and fostered cooperative workplace relations. The applicant argued that the agreement was fair and balanced, while the union raised concerns about certain terms.

The Fair Work Commission, after considering the submissions from both parties, determined that the agreement was fair and balanced. The Commission found that the agreement provided adequate protections for employees, ensured fair and efficient workplace relations, and did not undermine the rights of employees. The Commission also concluded that the agreement complied with all relevant statutory requirements. The Commission approved the proposed enterprise agreement, finding that it met the criteria for approval under the Fair Work Act.

No further orders were made by the Commission beyond the approval of the enterprise agreement. The agreement, as approved, will now apply to the employees covered by the agreement, setting out their terms and conditions of employment.

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