DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd
(AG2020/3260)

BROADSPECTRUM WA FIRE COMMUNICATION OFFICER ENTERPRISEAGREEMENT 2020

Security services
COMMISSIONER WILLIAMS	PERTH, 26 NOVEMBER 2020

Application for approval of the Broadspectrum WA Fire Communication Officer EnterpriseAgreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum WA Fire Communication Officer EnterpriseAgreement 2020 (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 Transport Workers Union, 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) of the Act I note that the Agreement covers the organisation.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2020. The nominal expiry date of the Agreement is 3 December 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd was the subject of a recent case in the Fair Work Commission. The applicant, Broadspectrum, sought approval of an enterprise agreement with its employees. The dispute centred on the terms of the proposed agreement and whether they complied with the relevant industrial legislation.

The legal issues before the Commission included whether the agreement met the requirements for simplification, transparency, and fairness as outlined in the Fair Work Act 2009. The Commission had to determine if the agreement provided for adequate consultation, if the terms were clear and easily understood, and if they were in line with the national employment standards. The Commission also needed to consider if the agreement was genuinely negotiated and if it included appropriate dispute resolution mechanisms.

The Fair Work Commission found that the Broadspectrum WA Fire Communication Officer Enterprise Agreement 2020 did meet the necessary legislative requirements. The agreement was deemed to be clear and transparent, providing adequate consultation processes and dispute resolution mechanisms. The Commission was satisfied that the agreement was genuinely negotiated and that it complied with the national employment standards.

As a result, the application for approval of the agreement was granted. The agreement is now in effect and will govern the employment conditions of the relevant employees. The Fair Work Commission's decision provides clarity for both the employer and employees regarding the terms of their employment under the new agreement.

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