DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum
(AG2019/3341)

BROADSPECTRUM DMSS ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 1 OCTOBER 2019

Application for approval of the Broadspectrum DMSS Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum DMSS Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met. In deciding to approve the Agreement, I have had regard to the information provided in the form F18 filed by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU).

[6] The AMWU being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 8 October 2019. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Broadspectrum (Australia) Pty Ltd trading as Broadspectrum, the Fair Work Commission was asked to approve a proposed enterprise agreement. The agreement was between the employer, Broadspectrum, and its employees, represented by the Communications, Electrical and Plumbing Union of Australia. The dispute centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement was in compliance with the relevant statutory provisions and met the requirements for approval. Specifically, the Commission had to consider whether the agreement provided for appropriate mechanisms for the resolution of employee disputes, and whether it was free from any provisions that would have an adverse effect on employees’ general conditions of employment.

The Commission found that the proposed agreement was compliant with the statutory requirements. The agreement included provisions for the resolution of employee disputes and did not contain any terms that would have an adverse effect on the general conditions of employment. The Commission also noted that the agreement had been negotiated in good faith and that there was a sufficient level of employee support for the agreement. Therefore, the Commission approved the Broadspectrum DMSS Enterprise Agreement 2019.

The Commission’s decision to approve the agreement was based on a comprehensive analysis of the agreement’s provisions and the evidence presented by both parties. The Commission determined that the agreement met all the necessary criteria for approval and that it would provide appropriate protections for employees while also meeting the needs of the employer. As a result, the proposed agreement was approved, and the parties are now bound by its terms.

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established