DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd
(AG2016/7370)

BROADSPECTRUM (AIRTRAIN CUSTOMER SERVICE) ENTERPRISE AGREEMENT 2016 - 2018

Rail industry
COMMISSIONER ROE	MELBOURNE, 13 JANUARY 2017

Application for approval of the Broadspectrum (Airtrain Customer Service) Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum (Airtrain Customer Service) Enterprise Agreement 2016 - 2018 (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. 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.

[3] The Agreement was approved on 13 January 2017 and, in accordance with s.54, will operate from 20 January 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd, an employer, applied for the approval of the Broadspectrum (Airtrain Customer Service) Enterprise Agreement 2016-2018 in the Fair Work Commission. The applicant argued that the agreement contained all the required provisions under the Fair Work Act 2009 and that it had been made in good faith. The Australian Council of Trade Unions, a party with a significant interest in the agreement, did not oppose the application but raised some concerns about specific clauses.

The primary legal issue before the commission was whether the enterprise agreement complied with the statutory requirements outlined in the Fair Work Act and was made in good faith. The commission had to consider whether the agreement contained all the mandated provisions, whether it had been genuinely negotiated, and whether any terms unfairly disadvantaged employees. The commission also needed to assess the parties' conduct during the negotiation process.

The commission found that the enterprise agreement met all the necessary statutory requirements and had been made in good faith. The agreement contained all the mandated provisions, and the negotiation process was genuine. The commission also concluded that no term of the agreement unfairly disadvantaged employees. Therefore, the application for approval of the enterprise agreement was successful. The commission approved the agreement, ensuring that it would be legally binding for the duration of its term.

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