DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd
(AG2020/878)

BROADSPECTRUM (PAINTING & BLASTING - SA) ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 6 APRIL 2020

Application for approval of the Broadspectrum (Painting & Blasting - SA) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum (Painting & Blasting - SA) Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Broadspectrum (Australia) Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 6 April 2020.

[3] The following clauses are inconsistent with the National Employment Standards (NES) but are remedied by the NES preservation clause in clause 9 of the Agreement:

• Clause 28 (Public Holidays) does not appear to allow for additional gazetted public holidays.

• Clause 18.1 (Termination of Employment) excludes apprentices from notice of termination.

• Clause 30.1 (Compassionate Leave) appears to exclude members of the employee’s household from caring entitlements (only a member of the immediate family is permissible).

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 5 April 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd recently had its Enterprise Agreement 2020 put before the Fair Work Commission for approval. The application for approval was made by the company, and the dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009. The legal issues before the Commission involved the fairness of the terms and conditions outlined in the agreement, particularly in relation to the provisions governing the employment of labour hire workers. The Commission had to determine whether the agreement provided fair and reasonable terms for all employees covered by it, including those engaged through labour hire arrangements.

In examining the agreement, the Fair Work Commission considered various factors, including the bargaining power of the parties, the nature of the work, and the terms and conditions provided for in the agreement. The Commission also looked at the impact of the agreement on the employees, particularly those engaged through labour hire. The primary concern was whether the agreement provided adequate protections and benefits for these workers, given their potentially more precarious employment situation. The Commission concluded that while there were some concerns about the treatment of labour hire workers, the overall terms of the agreement were fair and reasonable.

The Fair Work Commission ultimately approved the Broadspectrum (Painting & Blasting - SA) Enterprise Agreement 2020, finding that it met the requirements of the Fair Work Act. The Commission acknowledged the concerns about labour hire workers but concluded that the agreement provided a fair framework for their employment. The decision emphasised the importance of ensuring that all employees, regardless of their employment status, are provided with fair and reasonable terms and conditions of employment. The approval of the agreement allows it to be registered and enforced, providing a clear set of terms and conditions for all employees within the scope of the 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