DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd
(AG2020/2457)

BROADSPECTRUM (VICTORIAN ROADS) ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 10 SEPTEMBER 2020

Application for approval of the Broadspectrum (Victorian Roads) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum (Victorian Roads) Enterprise Agreement 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Workers’ Union (AWU) 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 10 September 2020 and, in accordance with s.54, will operate from 17 September 2020. The nominal expiry date of the Agreement is 9 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd applied to the Fair Work Commission for approval of the Broadspectrum (Victorian Roads) Enterprise Agreement 2020. The application was brought by Broadspectrum, and the Fair Work Commission heard the matter. The primary dispute was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions for the employees, and whether it complied with the procedural requirements of the Act. The Commission needed to determine if the agreement had been fairly negotiated and if it provided for a fair and reasonable outcome for the employees.

The Fair Work Commission found that the agreement was fairly negotiated and met the statutory requirements for approval. The Commission noted that the agreement provided for a fair and reasonable outcome for the employees, including provisions for pay rates, leave entitlements, and other terms and conditions of employment. The Commission also found that the procedural requirements of the Act had been complied with, including the requirement for Broadspectrum to provide a copy of the agreement to the employees and the Fair Work Ombudsman. As a result, the Commission approved the agreement.

The Fair Work Commission approved the Broadspectrum (Victorian Roads) Enterprise Agreement 2020, finding that it met the statutory requirements for approval under the Fair Work Act 2009. The Commission found that the agreement was fairly negotiated and provided for a fair and reasonable outcome for the employees, and that the procedural requirements of the Act had been complied with. The approval of the agreement is effective from the date of the Commission's decision.

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