Broadspectrum (Australia) Pty Ltd T/A Broadspectrum

[2019] FWCA 1896

[2019] FWCA 1896 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum

(AG2018/7428)

Broadspectrum and United Firefighters' Union of Australia (QLD Branch) Enterprise Agreement 2018

Fire fighting services
Deputy President Masson	MELBOURNE, 22 MARCH 2019

Application for approval of the Broadspectrum and United Firefighters' Union of Australia (QLD Branch) Enterprise Agreement 2018.

1. An application has been made for approval of an enterprise agreement known as the Broadspectrum and United Firefighters’ Union of Australia (QLD Branch) Enterprise Agreement 2018 (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.

1. 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.

1. 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.

1. I note that Clause 22 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 7 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

1. The Agreement lodged contained an error at Clause 28. On 8 March 2019, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 March 2019. The nominal expiry date of the Agreement is 22 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE502453  PR706112>

Annexure A