DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd
(AG2017/1521)

BROADSPECTRUM AND TWU SA BUSES ENTERPRISE AGREEMENT 2017

Passenger vehicle transport (non rail) industry
COMMISSIONER GREGORY	MELBOURNE, 3 JULY 2017

Application for approval of the Broadspectrum and TWU SA Buses Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum and TWU SA Buses 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Transport Workers’ 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2017. The nominal expiry date of the Agreement is 2 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd, an employer, sought approval of an enterprise agreement with the Transport Workers Union (SA) Branches, the union representing its employees. The application was brought before the Fair Work Commission, which was required to determine whether the agreement was in the best interests of the employees and whether it complied with the relevant industrial relations legislation. The primary issue before the Commission was whether the agreement met the "better off overall test," which requires that employees be no worse off financially and preferably better off under the terms of the agreement compared to the applicable award or previous enterprise agreement. Additionally, the Commission had to consider whether the agreement complied with the procedural requirements set out in the Fair Work Act 2009.

In determining whether the agreement was in the best interests of the employees, the Commission examined the financial benefits and conditions provided by the agreement compared to the existing award. The Commission also took into account the views and submissions of both parties and any relevant evidence presented. The Commission found that the proposed agreement provided employees with improved wages and conditions compared to the applicable award, thereby satisfying the better off overall test. Furthermore, the Commission was satisfied that the agreement complied with the procedural requirements for the approval of enterprise agreements.

Based on its findings, the Commission approved the Broadspectrum and TWU SA Buses Enterprise Agreement 2017, determining that it was in the best interests of the employees and compliant with the Fair Work Act. The approval of the agreement means that it will now be binding on both the employer and the employees represented by the union. The decision provides clarity and certainty for both parties moving forward, ensuring that the terms of the agreement are upheld and that employees receive the benefits they are entitled to under the new enterprise agreement.

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