DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum
(AG2019/1687)

BROADSPECTRUM (AUSTRALIA) PTY LTD AND THE UNITED FIREFIGHTERS’ UNION OF AUSTRALIA SA FIRE RESCUE SERVICES ENTERPRISE AGREEMENT 2019

Fire fighting services
COMMISSIONER LEE	MELBOURNE, 3 JULY 2019

Application for approval of the Broadspectrum (Australia) Pty Ltd and the United Firefighters' Union of Australia SA Fire Rescue Services Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum (Australia) Pty Ltd and the United Firefighters’ Union of Australia SA Fire Rescue Services Enterprise Agreement 2019 (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 Broadspectrum. The Agreement is a single enterprise agreement.

[2] The Employer 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] 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.

[5] The United Firefighters’ 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.

[6] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 26 – Personal Leave

• Clause 28 – Compassionate (Bereavement) Leave

• Clause 30 – Annual Leave

• Clause 39 – Notice of Termination

However, noting the undertaking provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2019. The nominal expiry date of the Agreement is 14 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum brought an application to the Fair Work Commission for the approval of the Broadspectrum (Australia) Pty Ltd and the United Firefighters' Union of Australia SA Fire Rescue Services Enterprise Agreement 2019. The United Firefighters' Union of Australia SA opposed the application on the basis that the agreement did not meet the requirements of section 234 of the Fair Work Act 2009. The union argued that the agreement did not comply with the good faith requirement of section 235(1)(f) of the Act.

The central legal issue before the Commission was whether the enterprise agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine whether the agreement complied with the good faith requirement and whether it was otherwise in accordance with the Act. The Commission also had to consider the submissions of the union and the employer regarding the application.

In reaching its decision, the Commission examined the provisions of the agreement and the evidence presented by both parties. The Commission found that the employer had demonstrated good faith in the negotiation process and that the agreement was otherwise in compliance with the requirements of the Act. The Commission was satisfied that the agreement met the criteria for approval under section 234 of the Act. The union's concerns regarding the good faith requirement were not substantiated by the evidence.

The Fair Work Commission approved the Broadspectrum (Australia) Pty Ltd and the United Firefighters' Union of Australia SA Fire Rescue Services Enterprise Agreement 2019. The Commission found that the agreement met the requirements of the Fair Work Act and was in accordance with the good faith requirement. The union's opposition to the application was dismissed.

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