DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd
(AG2018/943)

BROADSPECTRUM (VIVA ENERGY CLYDE/GORE BAY SITES-NSW) ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 JUNE 2018

Application for approval of the Broadspectrum (Viva Energy Clyde/Gore Bay Sites-NSW) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum (Viva Energy Clyde/Gore Bay Sites-NSW) 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 Applicant 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, 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2018. The nominal expiry date of the Agreement is 1 September 2019.

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 (Viva Energy Clyde/Gore Bay Sites-NSW) Enterprise Agreement 2017. Broadspectrum is an employer and the Construction, Forestry, Maritime, Mining and Energy Union is the registered bargaining representative for the employees. The dispute before the Commission was whether the agreement met the requirements of the Fair Work Act 2009, including whether it was in the interests of the employees and complied with the relevant minimum standards. The Commission considered the submissions made by the parties, the evidence presented, and the relevant legislative provisions.

The key legal issues were whether the agreement provided for terms and conditions that met the "better off overall test" and whether it complied with the minimum standards prescribed by the Fair Work Act. The Commission examined the provisions of the agreement, including the wages, hours of work, leave entitlements, and other conditions of employment. The Commission also considered the impact of the agreement on the employees' overall terms and conditions of employment, taking into account the benefits and detriments of the proposed agreement.

After considering the evidence and arguments presented by the parties, the Commission found that the agreement met the requirements of the Fair Work Act. The Commission was satisfied that the agreement provided for terms and conditions that were at least as good as the applicable awards or other relevant agreements, and that the agreement was in the interests of the employees. The Commission also found that the agreement complied with the relevant minimum standards. The Commission approved the agreement, and it will now be binding on the parties from the effective date.

The Fair Work Commission approved the Broadspectrum (Viva Energy Clyde/Gore Bay Sites-NSW) Enterprise Agreement 2017. The agreement will now be binding on Broadspectrum (Australia) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union, and will apply to the employees covered by the agreement from the effective date. The approval of the agreement ensures that the employees will receive the terms and conditions set out in the agreement, and that their employment is protected by the minimum standards prescribed by the Fair Work Act.

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