Broadspectrum (Australia) Pty Ltd Summary

[2016] FWCA 1390

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd

(AG2016/2252)

BROADSPECTRUM (AUSTRALIA) PTY LTD (OTWAY GAS)

MECHANICAL MAINTENANCE AGREEMENT 2016

Oil and gas industry

DEPUTY PRESIDENT HAMILTON

MELBOURNE, 2 MARCH 2016

Application for approval of the Broadspectrum (Australia) Pty Ltd (Otway Gas) Mechanical

Maintenance Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Broadspectrum (Australia) Pty Ltd (Otway Gas) Mechanical Maintenance 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 have accepted the undertaking which has been given by the employer.
[3] 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 Agreement is approved and, in accordance with s.54, will operate from 9 March

2016. The nominal expiry date of the Agreement is 30 June 2017.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union”

known as the Australian Manufacturing Workers’ Union (AMWU) 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Broadspectrum (Australia) Pty Ltd, the Fair Work Commission considered an application for the approval of an enterprise agreement known as the Broadspectrum (Australia) Pty Ltd (Otway Gas) Mechanical Maintenance Agreement 2016. This application was made under section 185 of the Fair Work Act 2009. The agreement in question is a single-enterprise agreement, and the applicant, Broadspectrum (Australia) Pty Ltd, sought the Commission's approval for this agreement to come into effect. The primary focus of the application was to ensure that the agreement met all the necessary criteria for approval under the Fair Work Act, including compliance with sections 186, 187, 188, and 190.

The Deputy President of the Fair Work Commission, Hamilton, reviewed the application and the agreement in detail. The central legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act and if it met the criteria for approval as outlined in the relevant sections of the Act. The Deputy President had to consider whether the agreement was fairly negotiated, whether it provided for the proper administration of the workplace, and if it contained all the necessary terms and conditions for a valid enterprise agreement.

Upon careful consideration of the application and the evidence provided, the Deputy President concluded that the agreement met all the necessary criteria for approval. The Deputy President accepted the undertaking given by the employer and found that the agreement was fairly negotiated and included all the essential terms and conditions required by the Act. Consequently, the Deputy President approved the agreement, which will come into effect on 9 March 2016, with a nominal expiry date of 30 June 2017. The Australian Manufacturing Workers’ Union, a bargaining representative for the agreement, also indicated its willingness for the agreement to cover its members, and the Deputy President noted that the agreement would indeed cover the union's members.

Broadspectrum (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established