DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd T/A Allwater JV
(AG2016/4965)

ALLWATER JV EMPLOYEES ENTERPRISE AGREEMENT 2016 - OPERATORS AGREEMENT

Water, sewerage and drainage services
COMMISSIONER GREGORY	MELBOURNE, 27 SEPTEMBER 2016

Application for approval of the Allwater JV Employees Enterprise Agreement 2016 - Operators Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Allwater JV Employees Enterprise Agreement 2016 - Operators 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The United Voice 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2016. The nominal expiry date of the Agreement is 1 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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 2016 - Operators Agreement. The application was contested by the United Voice union, which represented a number of employees within the joint venture. The central issue before the Fair Work Commission was whether the enterprise agreement met the necessary legal criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement contained all the mandated provisions, was free from any illegal content, and if it was made in good faith and without coercion.

The Fair Work Commission undertook a detailed analysis of the enterprise agreement, considering its compliance with the legislative requirements. The court found that the agreement was comprehensive and contained all the necessary mandated provisions. Additionally, the commission was satisfied that the agreement was free from any illegal content and had been made in good faith. The commission also took into account the process by which the agreement was negotiated, concluding that it was conducted without any undue influence or coercion. As a result, the application for approval was successful.

Consequently, the Fair Work Commission approved the Allwater Joint Venture Employees Enterprise Agreement 2016 - Operators Agreement. The commission's decision was based on its finding that the agreement met all the statutory requirements for approval and was fair and reasonable in all the circumstances. The approval of the enterprise agreement allows it to be registered and enforced as a binding contract between the employer and the employees covered by the agreement.

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