DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Broadspectrum (Australia) Pty Ltd
(AG2016/5695)

BROADSPECTRUM (AIRTRAIN MAINTENANCE) ENTERPRISE AGREEMENT 2016.

Rail industry
COMMISSIONER SPENCER	BRISBANE, 28 OCTOBER 2016

Application for approval of the Broadspectrum (Airtrain Maintenance) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum (Airtrain Maintenance) Enterprise Agreement 2016 (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] Written undertakings, relating to the shiftworker definition and cashing out of annual leave, have been provided by the employer and are attached to the Agreement. The undertaking has been signed by the employer. In accordance with s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, 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 7 days after the agreement is approved, that is 4 November 2016. The nominal expiry date of the Agreement is 30 July 2018.

COMMISSIONER

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CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd was the applicant in a case before the Fair Work Commission, seeking approval of the Broadspectrum (Airtrain Maintenance) Enterprise Agreement 2016. The dispute centred around the fairness and compliance of the proposed agreement with the applicable industrial laws. The Commission was required to determine if the agreement met the necessary standards for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement contained terms and conditions that were fair and reasonable, and if it was made in accordance with the requirements of the Fair Work Act. This included an assessment of whether the agreement had been genuinely bargained between the employer and employees, and if it complied with the process outlined in the Act. The Commission also had to consider the fairness of the agreement's terms and conditions, including wages, hours of work, and other employment-related matters.

After examining the evidence and submissions from both parties, the Commission found that the Broadspectrum (Airtrain Maintenance) Enterprise Agreement 2016 was made in compliance with the relevant industrial laws and was fair and reasonable. The Commission noted that the agreement had been genuinely negotiated between the parties, and that it contained terms and conditions that were equitable and balanced. As a result, the Commission approved the agreement, finding it to be in compliance with the Fair Work Act and suitable for registration.

The final orders of the Commission included the approval and registration of the Broadspectrum (Airtrain Maintenance) Enterprise Agreement 2016, effective from the date of the decision. The agreement was to apply to the employees covered by the agreement and would govern their terms and conditions of employment until the agreement's expiry or until a new agreement was made. The decision provided certainty for both Broadspectrum and its employees, ensuring that the agreement would be legally binding and enforceable.

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