DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd
(AG2020/3665)

BROADSPECTRUM DEFENCE STORES RIVERINA MURRAY VALLEY AGREEMENT 2020

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 JANUARY 2021

Application for approval of the Broadspectrum Defence Stores Riverina Murray Valley Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum Defence Stores Riverina Murray Valley Agreement 2020 (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 Employer 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. The undertakings are taken to be a term of 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The United Workers’ Union (UWU) 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 January 2021. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

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 Defence Stores Riverina Murray Valley Agreement 2020, which sought to establish a new enterprise agreement for its employees. The Australian Council of Trade Unions opposed the application, arguing that the agreement did not meet the requirements of the Fair Work Act 2009. The Commission was required to determine whether the agreement met the criteria for approval under the Act.

The central issue before the Commission was whether the agreement complied with the procedural and substantive requirements of the Act. The Commission considered whether the agreement had been made in accordance with the relevant provisions of the Act, including the requirement for genuine bargaining and whether the agreement contained terms that were in breach of the Act or were otherwise void. The Commission also considered whether the agreement was in the best interests of the employees and whether it was likely to lead to improved workplace relations.

The Commission found that the agreement had been made in accordance with the Act and that it did not contain any terms that were in breach of the Act or were otherwise void. The Commission also found that the agreement was in the best interests of the employees and was likely to lead to improved workplace relations. The Commission approved the agreement, stating that it was satisfied that the agreement met the requirements of the Act and that it was likely to lead to better outcomes for the employees.

The Commission made an order approving the Broadspectrum Defence Stores Riverina Murray Valley Agreement 2020 and directing that it be registered with the Fair Work Commission. The order also provided that the agreement would come into effect on the date of the order and would replace any existing enterprise agreement between the parties. The order was made on the basis that the agreement met the requirements of the Act and was in the best interests of the employees.

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