DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Broadspectrum (Australia) Pty Ltd T/A Allwater JV
(AG2015/7838)

ALLWATER JV EMPLOYEES ENTERPRISE AGREEMENT 2015 - PROFESSIONAL, TECHNICAL, SUPERVISORY, ADMINISTRATION AND DISPATCH AGREEMENT

Clerical industry
COMMISSIONER PLATT	ADELAIDE, 7 JANUARY 2016

Application for approval of the Allwater JV Employees Enterprise Agreement 2015 - Professional, Technical, Supervisory, Administration and Dispatch Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Allwater JV Employees Enterprise Agreement 2015 - Professional, Technical, Supervisory, Administration and Dispatch Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Broadspectrum (Australia) Pty Ltd T/A Allwater JV. The Agreement is a single-enterprise agreement.

[2] 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.

[3] As the Agreement does not contain a consultation term which meets the requirements of s.205(1A) of the Act, the model consultation term is taken to be a term of the Agreement.

[4] “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 January 2016. The nominal expiry date of the Agreement is 6 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd, trading as Allwater Joint Venture, applied for approval of the Allwater Joint Venture Employees Enterprise Agreement 2015 - Professional, Technical, Supervisory, Administration, and Dispatch Agreement. The Fair Work Commission (FWC) heard the application and had to decide if the agreement met the requirements under the Fair Work Act 2009 (Cth). The FWC's decision was based on the application for approval of the enterprise agreement, which needed to be free from prohibited content, and had to be fairly and genuinely negotiated.

The legal issues before the FWC involved determining whether the agreement complied with the Fair Work Act, specifically focusing on the content and negotiation process. The FWC examined whether the agreement contained any prohibited content, such as terms that undermine the right to protected industrial action. Additionally, the FWC assessed whether the agreement was genuinely negotiated and if it met the standards for a fair and genuine agreement.

The FWC found that the application for approval of the Allwater Joint Venture Employees Enterprise Agreement 2015 - Professional, Technical, Supervisory, Administration, and Dispatch Agreement met the requirements under the Fair Work Act. The FWC concluded that the agreement did not contain any prohibited content and was fairly and genuinely negotiated. The FWC approved the agreement, allowing it to be registered and in force from the specified date.

The FWC approved the Allwater Joint Venture Employees Enterprise Agreement 2015 - Professional, Technical, Supervisory, Administration, and Dispatch Agreement, confirming its compliance with the Fair Work Act. The decision authorised the agreement to be registered, and it came into effect on the specified date.

Broadspectrum (Australia) Pty Ltd T/A Allwater JV

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established