Broadspectrum (Australia) Pty Ltd Summary

[2018] FWCA 1716

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd

(AG2017/6515)

Broadspectrum Defence Stores North Queensland Enterprise Agreement 2017 -21

Storage services
Commissioner Simpson	BRISBANE, 22 MARCH 2018

Application for approval of the Broadspectrum Defence Stores Northern Queensland Agreement 2017-21.

An application has been made for approval of an enterprise agreement known as the Broadspectrum Defence Stores Northern Queensland Agreement 2017-21 (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.

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.

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.

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.

The National Union of Workers 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 March 2018. The nominal expiry date of the Agreement is 22 March 2022.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd sought approval for the Broadspectrum Defence Stores Northern Queensland Agreement 2017-21 from the Fair Work Commission. The matter was heard in the Commission's General Division, which comprises members from both the legal and industrial relations sectors. The application for approval came after negotiations between Broadspectrum, an employer, and the Construction, Forestry, Maritime, Mining and Energy Union, a trade union, representing the employees. The primary dispute centred on whether the proposed agreement complied with the relevant federal industrial relations laws and whether it was in the best interests of the employees.

The legal issues before the Commission included whether the agreement contained all the required terms as stipulated by the Fair Work Act 2009, whether it provided for a fair and reasonable outcome for the employees, and if the agreement had been genuinely negotiated. The Commission also had to consider if the agreement was likely to lead to improved productivity and efficiency in the workplace while ensuring fair treatment of employees.

In delivering its decision, the Commission found that the Broadspectrum Defence Stores Northern Queensland Agreement 2017-21 met the legal requirements under the Fair Work Act. The Commission determined that the agreement had been genuinely negotiated and provided for fair and reasonable outcomes for the employees. The Commission also concluded that the agreement was likely to contribute to improved productivity and efficiency in the workplace while ensuring fair treatment of employees. Based on these findings, the Commission approved the application for the agreement.

The final orders of the Commission included the approval of the Broadspectrum Defence Stores Northern Queensland Agreement 2017-21, effective from 1 April 2017, for a period of four years. The approved agreement was to apply to all employees of Broadspectrum covered by the agreement, including those employed on a casual, part-time, or full-time basis. The approval was subject to any necessary modifications that the Commission may require in the future to ensure compliance with the Fair Work Act and the best interests of the employees.

Broadspectrum (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established