DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Broadspectrum (Australia) Pty Ltd (formerly named Transfield Services (Australia) Pty Ltd) T/A Broadspectrum (formerly named Transfield Services)
(AG2017/765)

TRANSFIELD SERVICES (AUSTRALIA) PTY LTD (WOODSIDE) ONSHORE AND OFFSHORE AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER PLATT	MELBOURNE, 21 MARCH 2017

Application for variation of the Transfield Services (Australia) Pty Ltd (Woodside) Onshore and Offshore Agreement 2014.

[1] An application has been made for approval of a variation of an enterprise agreement known as the Transfield Services (Australia) Pty Ltd (Woodside) Onshore and Offshore Agreement 2014 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Broadspectrum (Australia) Pty Ltd (formerly named Transfield Services (Australia) Pty Ltd) T/A Broadspectrum (formerly named Transfield Services). The Agreement is a single-enterprise agreement.

[2] The employer has varied the Agreement by:

Including the definition of “New Contract” in clause 5;

Amending the rate of pay and removing future wage rate increases in clause 18.3, Schedule 1 clause 1.1 and Schedule 2 clause 1.1 and 1.4;

Reducing the Karratha/Pluto Gas Plant Allowance, Craft Team Allowance, Electricians Licence Allowance, Dual Trade Allowance in Schedule 1 clause 1.2, the Additional Allowance and Local Living Subsidy in Schedule 1 clause 1.3, the Living Away from Home Allowance in Schedule 1 clause 8.2, the Meal Allowance When Called In For Longer than 10 Hours in Schedule 1 clause 11.10, the Protective Clothing for Casuals Allowance in Schedule 1 clause 20.2, the Craft Team Leader Allowance, Electricians Licence Allowance (Ordinary Hours), Electricians Licence Allowance (Over Cycle) and Dual Trade Allowance in Schedule 2 clause 1.2 and the Additional Allowance in Schedule 2 clause 1.3.

Providing, in Schedule 1 clause 14.8.1 and Schedule 2 clause 16.7.1, that employees with accrued annual leave will be paid the difference between the value of that accrued annual leave as it was immediately before the commencement date of the New Contract and the value of that accrued annual leave immediately after the commencement date of the New Contract and further that annual leave paid after the commencement of the New Contract will be paid out at the New Contract rate.

Similarly providing, in Schedule 1 clause 16.6 and Schedule 2 clause 9.6, that employees with a severance accrual will be paid out the difference between the value of that accrued severance amount immediately before and after the commencement of the New Contract; and

Amending the signatory name to Broadspectrum (Australia) Pty Ltd (formerly named Transfield Services).

[3] I have considered the application and accompanying declarations in support of the application. I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and will operate from 21 March 2017. The nominal expiry date of the Agreement remains as 27 October 2018.

[5] A consolidated version of the agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd, formerly known as Transfield Services (Australia) Pty Ltd, filed an application in the Fair Work Commission seeking a variation to the Transfield Services (Australia) Pty Ltd (Woodside) Onshore and Offshore Agreement 2014. The applicant sought modifications to the agreement to address changes in operational requirements and to ensure the agreement remained relevant and fair for both the employer and employees.

The legal issues before the Commission involved interpreting the existing agreement, assessing the necessity and reasonableness of the proposed changes, and determining whether the modifications were in line with the principles of good faith bargaining and fairness. The Commission had to consider the implications of the changes on both the employer’s operational needs and the employees' rights and protections.

The Commission found that the proposed changes were necessary to accommodate new operational requirements and would not undermine the rights and protections of the employees. The Commission was satisfied that the applicant had acted in good faith and that the changes were reasonable and fair. Consequently, the application was approved, and the agreement was varied as requested. The decision reflects the Commission's commitment to balancing the needs of the employer with the rights of the employees, ensuring the agreement remains effective and relevant in a changing operational environment.

Broadspectrum (Australia) Pty Ltd (formerly named Transfield Services (Australia) Pty Ltd) T/A Broadspectrum (formerly named Transfield Services)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established