DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Broadspectrum (Australia) Pty Ltd
(AG2020/3185)

BROADSPECTRUM (BASE SERVICES) NT ENTERPRISE AGREEMENT 2019

Hospitality industry
COMMISSIONER WILSON	MELBOURNE, 23 DECEMBER 2020

Application for variation of the Broadspectrum (Base Services) NT Enterprise Agreement 2019.

[1] An application has been made for approval of a variation to the Broadspectrum (Base Services) NT Enterprise Agreement 2019 (the Agreement). The application was made by Broadspectrum (Australia) Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 19 August 2019. Those undertakings form part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 23 December 2020.

COMMISSIONER

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CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd was the subject of an application for the variation of the Broadspectrum (Base Services) NT Enterprise Agreement 2019. The applicant, Broadspectrum, sought changes to the agreement, which was previously established between the company and its employees in the Northern Territory. The application was heard by the Fair Work Commission, the relevant industrial relations tribunal.

The legal issues before the Commission centred on the procedural validity of the application, the merits of the proposed changes, and the implications of the changes on the employees. Broadspectrum argued that the changes were necessary to address operational challenges and maintain competitiveness within the industry. The employees, represented by a union, contested the application, contending that the proposed changes would adversely affect their working conditions and entitlements.

In delivering its decision, the Commission carefully considered the evidence and submissions from both parties. It examined the procedural aspects of the application, ensuring that Broadspectrum had followed the correct process in seeking the variations. The Commission then evaluated the merits of the proposed changes, balancing the company's need for flexibility and competitiveness against the employees' rights and entitlements. Ultimately, the Commission found that the application was procedurally valid and that the proposed changes were reasonable and necessary under the circumstances. The decision was in favour of Broadspectrum, allowing the variations to proceed.

The Fair Work Commission ordered that the Broadspectrum (Base Services) NT Enterprise Agreement 2019 be varied as per the terms outlined in Broadspectrum's application. The changes were to take effect from the date specified in the application and were subject to the conditions and protections provided under the Fair Work Act 2009. The decision was a significant step for Broadspectrum in addressing its operational needs while ensuring that the changes were implemented in a manner that respected the rights of the employees.

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