DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd
(AG2017/2410)

BROADSPECTRUM (ROADS MAINTENANCE & MISCELLANEOUS SERVICES QLD) ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 4 SEPTEMBER 2017

Application for approval of the Broadspectrum (Roads Maintenance & Miscellaneous Services QLD) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum (Roads Maintenance & Miscellaneous Services 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 September 2017. The nominal expiry date of the Agreement is 3 September 2021.

COMMISSIONER

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 (Roads Maintenance & Miscellaneous Services QLD) Enterprise Agreement 2017. The application was opposed by the Australian Workers Union. The dispute centred on the fairness and validity of the proposed agreement, particularly concerning the employment conditions for employees within the specified scope.

The primary legal issue before the Commission was whether the agreement met the requirements for "simplification" and "avoidance of micromanagement" under the Fair Work Act 2009. The Commission also needed to determine if the provisions of the agreement were fair and reasonable in terms of employee protections and entitlements. Given the opposition from the union, the Commission had to weigh the union's concerns against the company's proposed terms.

The Commission found that the agreement was largely consistent with the principles of simplification and avoidance of micromanagement. It noted that the agreement provided clear and straightforward terms that employees could easily understand. The Commission concluded that the proposed agreement did not unfairly disadvantage the employees and was fair and reasonable in all respects. As a result, the application was approved, allowing the agreement to take effect.

The Commission issued an order approving the Broadspectrum (Roads Maintenance & Miscellaneous Services QLD) Enterprise Agreement 2017, effective from the date of the decision. The union's objections were dismissed, and the agreement was accepted as meeting all legal requirements for approval.

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