DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Broadspectrum (Australia) Pty Ltd (formerly named Transfield Services (Australia) Pty Ltd)
(AG2017/5471)

BROADSPECTRUM FACILITIES MAINTENANCE (PORT KEMBLA) ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 DECEMBER 2017

Application for variation of the Broadspectrum Facilities Maintenance (Port Kembla) Enterprise Agreement 2016.

[1] An application has been made for approval of a variation to the Broadspectrum Facilities Maintenance (Port Kembla) Enterprise Agreement 2016 (the Agreement). The application was made by Broadspectrum (Australia) Pty Ltd (formerly named Transfield Services (Australia) Pty Ltd) pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 20 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd, formerly known as Transfield Services (Australia) Pty Ltd, was a party to a dispute concerning the application for the variation of the Broadspectrum Facilities Maintenance (Port Kembla) Enterprise Agreement 2016. The application was made by the employer, Broadspectrum, to the Fair Work Commission. The respondents included the Construction, Forestry, Maritime, Mining and Energy Union and various employees of Broadspectrum.

The legal issues before the court centred on whether the proposed changes to the enterprise agreement were in the interests of the employees and whether the process for negotiating and reaching these changes was fair and appropriate. Broadspectrum argued that the changes were necessary to remain competitive and viable in the industry, while the union contended that the changes were detrimental to the employees' working conditions and entitlements. The court needed to balance the employer's right to manage its business with the employees' rights to fair treatment and protection under the Fair Work Act 2009.

The Fair Work Commission considered the arguments from both parties and examined the proposed changes in detail. It found that the changes were necessary for the economic viability of Broadspectrum and were not detrimental to the employees' interests. The Commission noted that the process for negotiating the changes had been conducted in good faith and that the employees had been adequately informed and consulted. Consequently, the Commission determined that the application for the variation of the enterprise agreement should be approved. The Commission's decision was based on the principle of ensuring a fair and efficient workplace while recognising the need for businesses to adapt to changing economic conditions.

Broadspectrum (Australia) Pty Ltd (formerly named Transfield Services (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