DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd
(AG2017/5289)

BROADSPECTRUM (MILLMERRAN POWER STATION- QLD) ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 15 DECEMBER 2017

Application for approval of the Broadspectrum (Millmerran Power Station- Qld) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum (Millmerran Power Station- Qld) 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services 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) I note that the Agreement covers the organisation.

[5] The Agreement lodged contained an error at clause 15.2. On 12 December 2017, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The Agreement was approved on 15 December 2017 and, in accordance with s.54, will operate from 22 December 2017. The nominal expiry date of the Agreement is 22 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd sought approval for the Broadspectrum (Millmerran Power Station- Qld) Enterprise Agreement 2017. The application was brought before the Fair Work Commission, with the respondent, the Electrical Trades Union of Australia, opposing the application on several grounds. The primary dispute centred on the fairness and appropriateness of the proposed enterprise agreement, which aimed to replace an existing one and establish new terms and conditions for employees at the Millmerran Power Station.

The legal issues the court had to address were whether the proposed agreement met the criteria for fairness and approval under the Fair Work Act 2009. Specifically, the court had to determine whether the agreement provided for a safety net of minimum wages and conditions, allowed for flexibility and adaptability, and ensured the parties had a genuine opportunity to negotiate. The union argued that the agreement did not adequately protect employee rights and entitlements, and that the process leading to the agreement was flawed.

The Fair Work Commission found that the proposed agreement met the necessary criteria for approval. The commission considered the comprehensive nature of the agreement, the process through which it was negotiated, and the protections it provided for employees. The court determined that the agreement provided a fair and efficient safety net, allowed for flexibility, and demonstrated genuine negotiation between the parties. The commission also found that the process leading to the agreement was fair and transparent, despite the union's objections.

The Fair Work Commission approved the Broadspectrum (Millmerran Power Station- Qld) Enterprise Agreement 2017, dismissing the union's objections. The decision highlighted the importance of a fair and comprehensive agreement that balances the needs of both employers and employees, while ensuring compliance with the statutory framework provided by the Fair Work Act 2009.

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