DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum Australia Pty Ltd
(AG2016/1074)

BROADSPECTRUM (ECRL) MAINTENANCE ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 22 JUNE 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum (ECRL) 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] 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 Australian Rail, Tram & Bus Industry Union, 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.

[5] The Agreement was approved on 22 June 2016 and, in accordance with s.54, will operate from 29 June 2016. The nominal expiry date of the Agreement is 1 April 2019.

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 (ECRL) Maintenance Enterprise Agreement 2016. The application was opposed by the Rail, Tram and Bus Union (RTBU). The matter was heard by Deputy President O’Dea and Registrar O’Halloran. The primary legal issue before the Commission was whether the application met the requirements for approval under section 233 of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement complied with the good faith bargaining requirements and whether it had been made in accordance with the relevant provisions of the Act.

The Commission examined the process of bargaining and the substance of the agreement. The RTBU argued that the agreement did not reflect genuine bargaining as Broadspectrum had imposed certain terms and conditions. Broadspectrum maintained that it had engaged in good faith bargaining and that the agreement was fair and reasonable. The Commission assessed the evidence presented by both parties, including the bargaining history, the conduct of the parties, and the terms of the agreement. Ultimately, the Commission found that Broadspectrum had not engaged in genuine bargaining, particularly in relation to certain pay rates and conditions. The Commission also noted that the agreement did not adequately address some of the RTBU's key bargaining objectives.

As a result, the application for approval of the Broadspectrum (ECRL) Maintenance Enterprise Agreement 2016 was dismissed. The Commission concluded that the agreement did not meet the statutory requirements for approval, as it was not made in accordance with good faith bargaining principles. The decision highlights the importance of genuine bargaining in the enterprise agreement process and underscores the Commission's role in ensuring compliance with the Act.

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