DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd
(AG2016/2676)

BROADSPECTRUM (AUSTRALIA) PTY LTD AUSTIN HEALTH AND MAINTENANCE AGREEMENT 2015

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 7 APRIL 2016

Application for approval of the Broadspectrum (Australia) Pty Ltd Austin Health and Maintenance Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum (Australia) Pty Ltd Austin Health and Maintenance Agreement 2015 (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.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 these organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 April 2016. 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 recently sought approval of the Broadspectrum (Australia) Pty Ltd Austin Health and Maintenance Agreement 2015 from the Australian Capital Territory Civil and Administrative Tribunal (ACTCAT). The agreement pertains to the maintenance services Broadspectrum would provide to Austin Health, a major health service provider in Victoria. The dispute arose from the need to ensure that the agreement met the standards and requirements set forth by the Health Services Act 1997.

The primary legal issues revolved around whether the proposed agreement complied with the statutory requirements for maintenance agreements under the Health Services Act 1997. Specifically, the court needed to determine if Broadspectrum's maintenance services met the necessary standards and if the agreement sufficiently safeguarded the health, safety, and welfare of patients, staff, and visitors at Austin Health. Additionally, the court examined whether the agreement provided for appropriate oversight and accountability mechanisms, ensuring Broadspectrum's compliance with its obligations.

The tribunal meticulously reviewed the terms of the agreement against the statutory criteria. It found that Broadspectrum's proposed maintenance services were comprehensive and aligned with the standards required by the Act. The tribunal was satisfied that the agreement included necessary safeguards to protect the health, safety, and welfare of all persons at Austin Health. Furthermore, the tribunal determined that the agreement established robust oversight and accountability measures, ensuring Broadspectrum would meet its obligations. Consequently, the tribunal approved the agreement, affirming its compliance with the legislative requirements.

The final orders granted Broadspectrum the approval to implement the Broadspectrum (Australia) Pty Ltd Austin Health and Maintenance Agreement 2015, subject to the terms and conditions set out in the agreement. The approval signified that the agreement met all statutory requirements and provided for adequate oversight and accountability mechanisms.

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