Broadspectrum Australia Pty Ltd Summary

[2014] FWCA 8379

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum Australia Pty Ltd
(AG2014/9906)

BROADSPECTRUM (LYTTON REFINERY ELECTRICAL SERVICES - QLD) ENTERPRISE AGREEMENT 2014-2015

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 25 NOVEMBER 2014

Application for approval of the Broadspectrum (Lytton Refinery Electrical Services - QLD) Enterprise Agreement 2014-2015.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum (Lytton Refinery Electrical Services - QLD) Enterprise Agreement 2014-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 2 December 2014. The nominal expiry date of the Agreement 12 months from approval.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Broadspectrum Australia Pty Ltd, the respondent, applied to the Fair Work Commission for approval of the Broadspectrum (Lytton Refinery Electrical Services - QLD) Enterprise Agreement 2014-2015. The applicant, the Australian Manufacturing Workers' Union, sought to intervene in the application. The nature of the dispute was the approval of the enterprise agreement, which was to cover electrical services at the Lytton Refinery in Queensland. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The legal issues the court needed to decide were whether the agreement met the necessary conditions for approval under the Fair Work Act 2009. Specifically, the court had to consider if the agreement provided for fair and reasonable terms and conditions, and if it had been genuinely negotiated between the parties. Another point of contention was whether the agreement complied with the "better off overall test" which requires that employees be no worse off financially under the new agreement than they would be under the previous agreement.

The Fair Work Commission examined the submissions and evidence provided by the parties. The Commission found that the agreement met the requirements for approval under the Fair Work Act. It concluded that the agreement provided for fair and reasonable terms and conditions and had been genuinely negotiated. The Commission also determined that the agreement satisfied the "better off overall test". Therefore, the application for approval of the enterprise agreement was approved.

The Fair Work Commission approved the Broadspectrum (Lytton Refinery Electrical Services - QLD) Enterprise Agreement 2014-2015. The Commission's decision was based on its findings that the agreement met the necessary conditions for approval, including the provision of fair and reasonable terms and conditions and the genuine negotiation of the agreement. The Commission also found that the agreement satisfied the "better off overall test". The applicant's intervention was not successful, and the agreement was approved as applied for by the respondent.

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