DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Broadspectrum (Australia) Pty Ltd
(AG2015/994)

BROADSPECTRUM AUSTRALIA SERVICES ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 14 MAY 2015

Application for approval of the Broadspectrum Australia Services Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum Australia Services Enterprise 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] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2015. The nominal expiry date of the Agreement is 21 May 2019.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of the Broadspectrum Australia Services Enterprise Agreement 2015. The applicant, Broadspectrum, sought the approval of this agreement which had been negotiated with the unions representing the employees. The dispute centred on the terms and conditions of employment and the fairness of the agreement as a whole.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, particularly concerning the process by which the agreement was negotiated and the fairness of its terms. The Commission needed to determine if the agreement was genuinely bargained, if it complied with the procedural fairness and good faith obligations, and if it met the minimum standards set out in the Fair Work Act.

The Commission found that the agreement was genuinely negotiated and met all the procedural requirements. It noted the extensive consultation and negotiation process undertaken by the parties. The Commission also found that the agreement was fair and balanced, taking into account the interests of both the employer and employees. It concluded that the agreement did not fall below the minimum standards of the Fair Work Act and was in compliance with all relevant provisions.

The Fair Work Commission approved the Broadspectrum Australia Services Enterprise Agreement 2015, setting a precedent for future agreements within the industry. The decision was based on the comprehensive negotiation process and the fairness of the terms negotiated, ensuring compliance with the Fair Work Act.

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