Broadspectrum (Australia) Pty Ltd T/A Broadspectrum

[2019] FWCA 3823

[2019] FWCA 3823

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum
(AG2019/276)

BROADSPECTRUM AWD (ASC SOUTH) ENTERPRISE AGREEMENT 2015-2018

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 3 JUNE 2019

Application for variation of the Broadspectrum AWD (ASC South) Enterprise Agreement 2015-2018.

[1] An application has been made for approval of a variation to the Broadspectrum AWD (ASC South) Enterprise Agreement 2015-2018 (the Agreement). The application was made by Broadspectrum (Australia) Pty Ltd T/A Broadspectrum pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 6 September 2016. Those undertakings form part of the Agreement as varied.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

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

•  Clause 18.1 – Notice of Termination

However, noting clause 9 of the Agreement, 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 variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[8] In accordance with s.216 of the Act, the variation operates from 3 June 2019.

COMMISSIONER

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