DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum
(AG2018/2662)

BROADSPECTRUM MORNINGTON PENINSULA SHIRE AND OTHER CLIENTS ENTERPRISE AGREEMENT 2018

Local government administration
COMMISSIONER LEE	MELBOURNE, 25 OCTOBER 2018

Application for approval of the Broadspectrum Mornington Peninsula Shire and Other Clients Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum Mornington Peninsula Shire and Other Clients 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.

[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] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2018. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd, trading as Broadspectrum, applied for approval of the Broadspectrum Mornington Peninsula Shire and Other Clients Enterprise Agreement 2018. The application was made under section 176 of the Fair Work Act 2009, and the matter was heard in the Fair Work Commission. The dispute centred on whether the agreement met the criteria for registration and approval as a single-employer enterprise agreement.

The legal issues the court had to resolve were whether the agreement was a genuine enterprise agreement and whether it met the specific provisions of the Fair Work Act. This included ensuring that the agreement did not unfairly disadvantage any employees and that it had been made in good faith. Additionally, the court examined whether the agreement was consistent with the provisions of the Act regarding procedural fairness and the proper conduct of bargaining.

The Fair Work Commission found that the agreement was a genuine enterprise agreement and met all the legislative requirements. The Commission determined that the bargaining process was conducted in good faith and that the agreement did not unfairly disadvantage any employees. The Commission also noted that all procedural requirements were met, and the agreement complied with the Fair Work Act. Consequently, the Commission approved the agreement.

The final orders of the Fair Work Commission were that the Broadspectrum Mornington Peninsula Shire and Other Clients Enterprise Agreement 2018 be approved and registered under section 176 of the Fair Work Act 2009. The decision affirmed the validity of the agreement, enabling it to take effect from the date of the approval.

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