DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd T/A Allwater JV
(AG2016/7791)

THE ALLWATER JV EMPLOYEES ENTERPRISE AGREEMENT 2016 - MECHANICAL TRADES AGREEMENT

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 9 MARCH 2017

Application for approval of The Allwater JV Employees Enterprise Agreement 2016 - Mechanical Trades Agreement.

[1] An application has been made for approval of an enterprise agreement known as The Allwater JV Employees Enterprise Agreement 2016 - Mechanical 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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 was approved on 9 March 2017 and, in accordance with s.54, will operate from 16 March 2017. 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 for the approval of the Allwater Joint Venture Employees Enterprise Agreement 2016, specifically the Mechanical Trades Agreement. The application was brought before the Fair Work Commission. The matter concerned the terms and conditions of employment for mechanical trades employees within the joint venture, and whether the proposed enterprise agreement complied with the relevant legislative requirements.

The court was required to determine whether the Mechanical Trades Agreement was a genuine enterprise agreement under the Fair Work Act 2009. This involved assessing whether the agreement was negotiated in good faith, contained certain mandatory terms, and was supported by a majority of the relevant employees. A key issue was whether the agreement adequately covered the terms and conditions of employment, including provisions on wages, hours of work, leave, and other employment-related matters.

The Fair Work Commission found that the Mechanical Trades Agreement met the legislative requirements for a genuine enterprise agreement. The court was satisfied that the agreement had been negotiated in good faith and contained the necessary mandatory terms. Furthermore, the agreement had been supported by the requisite majority of employees, thus satisfying the statutory criteria. Consequently, the application for approval was successful.

The final orders of the Fair Work Commission were that the Allwater Joint Venture Employees Enterprise Agreement 2016, specifically the Mechanical Trades Agreement, was approved. The agreement was to be registered and would be in effect from the date of the Commission's decision, governing the terms and conditions of employment for mechanical trades employees within the joint venture.

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