DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd T/A Allwater JV
(AG2018/1053)

ALLWATER JV EMPLOYEES ENTERPRISE AGREEMENT 2018 - ELECTRICAL TRADES AGREEMENT

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 22 JUNE 2018

Application for approval of the Allwater JV Employees Enterprise Agreement 2018 - Electrical Trades Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Allwater JV Employees Enterprise Agreement 2018 - Electrical Trades Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Broadspectrum (Australia) Pty Ltd T/A Allwater JV. The Agreement is a single enterprise agreement.

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

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 June 2018. The nominal expiry date of the Agreement is 1 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd, trading as Allwater Joint Venture, applied to the Fair Work Commission for approval of the Allwater Joint Venture Employees Enterprise Agreement 2018. This enterprise agreement was intended to regulate the employment terms of the electrical trades workers employed by Allwater Joint Venture. The application was contested by the Electrical Trades Union, which raised concerns about the fairness and appropriateness of certain clauses within the agreement.

The primary legal issues before the commission were whether the proposed enterprise agreement complied with the provisions of the Fair Work Act 2009 and whether it contained terms that were fair and reasonable for the employees covered by the agreement. Specific points of contention included the classification of roles within the electrical trades, the provisions regarding shift patterns, and the terms of dispute resolution. The commission had to determine if these terms met the statutory requirements for being deemed fair and reasonable.

The commission examined the evidence presented by both parties and assessed the agreement against the criteria established by the Fair Work Act. It considered the views of the employees, the union's objections, and the employer's justifications. The commission found that while some terms raised valid concerns, overall, the agreement did not contain any provisions that were unfair or unreasonable. The commission concluded that the agreement was fair and appropriate, taking into account the specific circumstances of the employees and the bargaining context. The commission approved the Allwater Joint Venture Employees Enterprise Agreement 2018.

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