DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd
(AG2016/4999)

BROADSPECTRUM MOBIL ALTONA REFINERY MECHANICAL CONSTRUCTION / MAINTENANCE ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 23 AUGUST 2016

Application for approval of the Broadspectrum Mobil Altona Refinery Mechanical Construction / Maintenance Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum Mobil Altona Refinery Mechanical Construction / 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] 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 Australian Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 23 August 2016 and, in accordance with s.54, will operate from 30 August 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd applied to the Fair Work Commission for approval of the Broadspectrum Mobil Altona Refinery Mechanical Construction / Maintenance Enterprise Agreement 2016. The applicant sought to have the agreement, which was reached between the company and the union, approved under the Fair Work Act 2009. The union, which represented employees at the Altona refinery, was not opposed to the approval of the agreement.

The main legal issue for the Commission to determine was whether the agreement met the requirements for approval under the Fair Work Act. The Commission needed to consider whether the agreement provided for the pay and conditions of the employees fairly and whether it complied with the relevant legislative provisions. The Commission also needed to consider whether the agreement had been made in good faith and whether it was likely to achieve a productive workplace.

The Commission found that the agreement met all the requirements for approval under the Fair Work Act. The Commission was satisfied that the agreement provided for the fair pay and conditions of the employees and that it complied with the relevant legislative provisions. The Commission also found that the agreement had been made in good faith and that it was likely to achieve a productive workplace. The Commission approved the agreement, which will now be binding on the parties for the period specified in the agreement. The Fair Work Commission’s decision provides clarity and certainty to the parties and ensures that the employees at the Altona refinery are provided with fair pay and conditions.

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