DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Broadspectrum (Australia) Pty Ltd
(AG2016/2325)

TRANSFIELD SERVICES (SANTOS HYDROCARBONS PRODUCTION & PROCESSING FACILITIES) PROJECT WORKS, MAINTENANCE SERVICES AND CENTRAL RESOURCES MANAGEMENT ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 2 MARCH 2016

Application for variation of the Transfield Services (Santos Hydrocarbons Production & Processing Facilities) Project Works, Maintenance Services and Central Resource Management Enterprise Agreement 2015.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Transfield Services (Santos Hydrocarbons Production & Processing Facilities) Project Works, Maintenance Services and Central Resource Management Enterprise Agreement 2015 (the Agreement). The Agreement is a single enterprise agreement. This application was made by the employer, Broadspectrum (Australia) Pty Ltd pursuant to s.210 of the Fair Work Act 2009 (the Act).

[2] The variation concerns the wages allowances set out in Schedule 2 of the Agreement.

[3] I have considered the application and accompanying declarations in support of the application and am satisfied that each of the requirements of ss.210 and 211 of the Act as relevant to this application for approval have been met.

[4] The variation to the Agreement is approved and will operate on and from 2 March 2016.

[5] A consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd was a party in an application before the Fair Work Commission seeking variation of the Transfield Services (Santos Hydrocarbons Production & Processing Facilities) Project Works, Maintenance Services and Central Resource Management Enterprise Agreement 2015. The applicant sought amendments to the enterprise agreement, including changes to the classification of employees and their associated pay rates, as well as alterations to the provisions governing shift patterns and leave entitlements. The nature of the dispute centred around the adequacy of the current agreement in reflecting the evolving operational requirements of the enterprise and the need for adjustments to ensure both fairness and efficiency.

The legal issues before the Commission involved interpreting the existing enterprise agreement and assessing the legitimacy of the proposed changes. It was necessary to determine whether the proposed variations were consistent with the terms of the agreement, and whether they complied with the relevant provisions of the Fair Work Act 2009. The Commission also had to consider whether the changes were necessary to address changes in the nature of work or to rectify any unfairness that had arisen in the existing agreement.

In its reasoning, the Commission found that the proposed changes were largely in line with the spirit and terms of the existing agreement. The applicant had demonstrated that the changes were necessary to address specific operational changes and to provide fair compensation to employees. The Commission was satisfied that the changes would not lead to any significant detriment to the employees and were justified under the relevant provisions of the Fair Work Act. Consequently, the application was approved, and the enterprise agreement was varied accordingly to reflect the new classifications, pay rates, and leave provisions.

The final orders included the approval of the changes to the Transfield Services (Santos Hydrocarbons Production & Processing Facilities) Project Works, Maintenance Services and Central Resource Management Enterprise Agreement 2015, as proposed by Broadspectrum (Australia) Pty Ltd. The variations would come into effect from a date specified in the decision, ensuring that the updated agreement would govern the employment conditions of the affected employees moving forward.

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