DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd
(AG2018/441)

BROADSPECTRUM MOBILE ALTONA BUILDING & CONSTRUCTION ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 MAY 2018

Application for approval of the Broadspectrum Mobile Altona Building & Construction Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum Mobile Altona Building & Construction Enterprise Agreement 2016 (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] 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 Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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 9 May 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd was before the Fair Work Commission where the company sought approval of the Broadspectrum Mobile Altona Building & Construction Enterprise Agreement 2016. The dispute involved the terms and conditions of employment for workers in the mobile construction sector, specifically focusing on wage rates, working hours, and other employment conditions.

The primary legal issues before the Commission were whether the agreement met the requirements under the Fair Work Act 2009, particularly whether it provided for a safety net of minimum wages and conditions, and if it was appropriately certified as a simple, single-enterprise agreement. The Commission had to assess if the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions for employees.

The Fair Work Commission found that the agreement met the statutory requirements under the Fair Work Act. It provided for a safety net of minimum wages and conditions, and the certification process was conducted in accordance with the Act. The Commission was satisfied that the agreement was made in good faith and that it provided for fair and reasonable terms and conditions for employees. The Commission approved the Broadspectrum Mobile Altona Building & Construction Enterprise Agreement 2016, and it came into effect on 1st July 2016.

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