Broadspectrum (Australia) Pty Ltd

[2020] FWCA 1828

[2020] FWCA 1828

FAIR WORK COMMISSION

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

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