Broadspectrum (Australia) Pty Ltd Summary

[2013] FWCA 7405

FAIR WORK COMMISSION

DECISION

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

Broadspectrum (Australia) Pty Ltd
(AG2013/2872)

BROADSPECTRUM (SANTOS HYDROCARBONS PRODUCTION & PROCESSING FACILITIES) PROJECT WORKS, MAINTENANCE SERVICES AND CENTRAL RESOURCE MANAGEMENT ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 26 SEPTEMBER 2013

Application for approval of the Broadspectrum (Santos Hydrocarbons Production & Processing Facilities) Project Works, Maintenance Services and Central Resource Management Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum (Santos Hydrocarbons Production & Processing Facilities) Project Works, Maintenance Services and Central Resource Management Enterprise Agreement 2013 (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] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[3] 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2013. The nominal expiry date of the Agreement is 31 December 2013.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd applied for approval of the Broadspectrum (Santos Hydrocarbons Production & Processing Facilities) Project Works, Maintenance Services and Central Resource Management Enterprise Agreement 2013. The Fair Work Commission (FWC) was tasked with assessing whether the agreement met the requirements of the Fair Work Act 2009 (Cth). The dispute arose from the application submitted by Broadspectrum, a significant employer in the Australian energy sector, for endorsement of the enterprise agreement. The FWC had to determine whether the agreement complied with the legislative provisions governing enterprise agreements, including the criteria outlined in section 230 of the Fair Work Act.

The legal issues before the FWC involved scrutinising the agreement to ensure it adhered to the Fair Work Act's requirements. Key points included verifying that the agreement provided for fair and reasonable terms and conditions, and that it had been made in good faith. The FWC also had to ensure that the agreement included provisions for the minimum entitlements of employees and did not contravene any specific provisions of the Act. Furthermore, the FWC assessed whether Broadspectrum had followed the correct process in making the application, including whether the agreement had been appropriately negotiated with the relevant employee representatives.

In its decision, the FWC examined the details of the proposed agreement, including the terms and conditions, and assessed whether they were fair and reasonable. The FWC found that the agreement provided for appropriate minimum entitlements and that the process followed by Broadspectrum was in compliance with the legislative requirements. The FWC approved the application and endorsed the Broadspectrum (Santos Hydrocarbons Production & Processing Facilities) Project Works, Maintenance Services and Central Resource Management Enterprise Agreement 2013. The approval was based on the FWC's determination that the agreement met the necessary statutory criteria and provided for fair and reasonable terms and conditions for the employees involved.

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