DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd T/A Allwater JV
(AG2016/2887)

THE ALLWATER JV EMPLOYEES ENTERPRISE AGREEMENT 2016 - NETWORKS AGREEMENT

Water, sewerage and drainage services
COMMISSIONER LEE	MELBOURNE, 27 MAY 2016

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

[1] An application has been made for approval of an enterprise agreement known as The Allwater JV Employees Enterprise Agreement 2016 - Networks 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.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.

[4] The Construction, Forestry, Mining and Energy Union and United Voice, 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) 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 3 June 2016. The nominal expiry date of the Agreement is 1 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd T/A Allwater JV was the subject of an application before the Fair Work Commission for the approval of the Allwater JV Employees Enterprise Agreement 2016 - Networks Agreement. The applicant sought to have the enterprise agreement approved under section 232 of the Fair Work Act 2009. The nature of the dispute centred around the terms and conditions of employment within the agreement, particularly those related to the networks sector. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval.

The legal issues that the Fair Work Commission had to resolve included whether the agreement contained all the mandatory terms prescribed by the Fair Work Act, whether the agreement had been made in good faith, and whether the agreement provided for a direct or indirect industrial action ballot. Additionally, the Commission had to assess whether the agreement met the requirements of the Better Off Overall Test (BOOT), ensuring that employees were not worse off financially under the terms of the agreement.

The Fair Work Commission found that the agreement did indeed contain all the mandatory terms and was made in good faith. It was also noted that the agreement provided for a direct ballot for industrial action. The Commission conducted a thorough analysis to determine if employees were better off overall under the new agreement. After careful consideration, the Commission concluded that the agreement satisfied the BOOT, as employees would not be worse off financially and would benefit from the new terms. Consequently, the application for approval of the Allwater JV Employees Enterprise Agreement 2016 - Networks Agreement was successful.

The Fair Work Commission approved the Allwater JV Employees Enterprise Agreement 2016 - Networks Agreement, effective from the date specified in the agreement. The decision was made on the basis that the agreement met all the statutory requirements and was in the best interests of the employees. This ruling confirmed the validity of the agreement and set a precedent for similar agreements in the future.

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