Broadspectrum (Australia) Pty Ltd Summary

[2016] FWCA 1035

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Broadspectrum (Australia) Pty Ltd
(AG2015/7879)
BROADSPECTRUM - GIPPSLAND WATER MECHANICAL
MAINTENANCE WORKPLACE AGREEMENT 2015
Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 17 FEBRUARY 2016

Application for approval of the Broadspectrum - Gippsland Water Mechanical Maintenance

Workplace Agreement 2015.

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

Broadspectrum - Gippsland Water Mechanical Maintenance Workplace 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. 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. The Agreement does not cover all of the employees of the employer, however,

taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of

employees was fairly chosen.

[4] 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.
[2016] FWCA 1035

[5] The Agreement was approved on 17 February 2016 and, in accordance with s.54, will

operate from 24 February 2016. The nominal expiry date of the Agreement is 1 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code J, AE417864 PR577123

[2016] FWCA 1035

Annexure A

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd applied for approval of the Broadspectrum - Gippsland Water Mechanical Maintenance Workplace Agreement 2015 under section 185 of the Fair Work Act 2009. The Australian Manufacturing Workers’ Union, a bargaining representative for the Agreement, sought to have the Agreement cover it. The application was made to the Fair Work Commission.

The primary legal issues before the court were whether the Agreement met the requirements of sections 186, 187, 188, and 190 of the Fair Work Act, and whether the group of employees covered by the Agreement was fairly chosen. Additionally, the court had to consider whether the Agreement should cover the Australian Manufacturing Workers’ Union as a bargaining representative.

The Commissioner was satisfied that Broadspectrum (Australia) Pty Ltd had provided written undertakings which would not cause financial detriment to any employee or result in substantial changes to the Agreement. The Commissioner also found that the requirements of the relevant sections of the Fair Work Act had been met and that the group of employees was fairly chosen. The Agreement was approved and will operate from 24 February 2016, with a nominal expiry date of 1 August 2018.

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