| [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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- AGLC
- Broadspectrum (Australia) Pty Ltd T/A Broadspectrum [2019] FWCA 3823
- Case
- [2019] FWCA 3823
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission were whether the proposed variations were consistent with the Fair Work Act 2009 and whether they met the criteria for an enterprise agreement variation as outlined in the legislation. Specifically, the court needed to determine if the changes were in the interest of good faith bargaining, if they adequately addressed the needs of both parties, and if they complied with the procedural requirements for such variations. The Commission also needed to consider the impact of the proposed changes on the employees' rights and conditions of employment.
The Fair Work Commission, after reviewing the submissions and evidence from both parties, concluded that the proposed variations to the enterprise agreement were necessary and appropriate. The Commission found that the changes aligned with the company's operational needs and would not adversely affect the employees' rights or working conditions. The Commission noted that the variations were the result of good faith negotiations and were in the best interest of the enterprise. Consequently, the Commission granted the application for the variation of the Broadspectrum AWD (ASC South) Enterprise Agreement 2015-2018, with the changes to take effect from the specified date.
Orders
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Background
Background to the litigation
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Evidence
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Decision
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Ratio Decidendi
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