Broadspectrum (Australia) Pty Ltd

Case [2016] FWCA 1372


[2016] FWCA 1372

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Broadspectrum (Australia) Pty Ltd T/A Broadspectrum
(AG2016/2211)

BROADSPECTRUM (AUSTRALIA) PTY LIMITED MARITIME

FACILITIES AND NAVIGATIONAL AIDS COLLECTIVE

AGREEMENT 2015

Building, metal and civil construction industries

COMMISSIONER GREGORY MELBOURNE, 2 MARCH 2016

Application for approval of the Broadspectrum (Australia) Pty Limited Maritime Facilities

and Navigational Aids Collective Agreement 2015.

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

Broadspectrum (Australia) Pty Limited Maritime Facilities and Navigational Aids Collective

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 T/A

Broadspectrum. The Agreement is a single enterprise agreement.

[2]        The Applicant 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.

[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.
[2016] FWCA 1372

[4]        The Agreement is approved and, in accordance with s.54 of the Act, will operate from

9 March 2016. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER
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[2016] FWCA 1372

Annexure A

Details
AGLC
Broadspectrum (Australia) Pty Ltd [2016] FWCA 1372
Case
[2016] FWCA 1372
Decision Date

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd applied to the Fair Work Commission for the approval of the Broadspectrum (Australia) Pty Limited Maritime Facilities and Navigational Aids Collective Agreement 2015, pursuant to section 185 of the Fair Work Act 2009. The application was brought before Commissioner Gregory in Melbourne on 2 March 2016. The primary legal issue the court had to address was whether the enterprise agreement met the requirements of sections 186, 187, 188, and 190 of the Fair Work Act. These sections relate to the approval process for enterprise agreements, ensuring they do not cause financial detriment to employees and do not make substantial changes to the existing agreement.

The Commissioner examined the agreement and the written undertakings provided by Broadspectrum (Australia) Pty Ltd. The Commissioner concluded that the undertakings would not result in financial detriment to employees or substantial changes to the agreement. The Commissioner was satisfied that the agreement fulfilled the necessary statutory requirements for approval. Consequently, the Commissioner approved the agreement, which will operate from 9 March 2016, with a nominal expiry date of 30 November 2018. This decision was made in accordance with section 54 of the Fair Work Act.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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