DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd
(AG2016/584)

BROADSPECTRUM FACILITIES MAINTENANCE (PORT KEMBLA) ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 24 MARCH 2016

Application for approval of the Broadspectrum Facilities Maintenance (Port Kembla) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum Facilities Maintenance (Port Kembla) 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.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 March 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd recently came before the Fair Work Commission to seek approval of the Broadspectrum Facilities Maintenance (Port Kembla) Enterprise Agreement 2016. The application was brought by the employer, Broadspectrum, against the union, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009 for enterprise agreements to be approved and registered. This involved an examination of whether the agreement was genuinely negotiated, free from coercion or pressure, and met other procedural requirements.

The central legal issues the Commission needed to address were whether the agreement was made in compliance with the mandatory procedural requirements and whether it was genuinely an enterprise agreement. The Commission considered submissions from both parties, including evidence of the negotiation process and whether any unfair labour practices had occurred. The Commission needed to determine if the agreement was made in good faith and whether there were any procedural flaws that rendered the agreement invalid.

In reaching its decision, the Commission closely examined the evidence provided regarding the negotiation process and the conduct of the parties. The Commission found that the agreement was genuinely negotiated between the employer and the union, free from coercion or undue influence. It concluded that the agreement satisfied all the statutory requirements for approval under the Fair Work Act. The Commission approved the application and registered the Broadspectrum Facilities Maintenance (Port Kembla) Enterprise Agreement 2016 as a lawful agreement.

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