DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum
(AG2018/3041)

BROADSPECTRUM DEFENCE STORES SOUTHERN QUEENSLAND ENTERPRISE AGREEMENT 2018

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COMMISSIONER HARPER-GREENWELL	MELBOURNE, 5 SEPTEMBER 2018

Application for approval of the Broadspectrum Defence Stores Southern Queensland Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum Defence Stores Southern Queensland 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The National Union of Workers 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.

[4] The Agreement was approved on 5 September 2018 and, in accordance with s.54, will operate from 12 September 2018. The nominal expiry date of the Agreement is 5 September 2022.

COMMISSIONER

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CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum applied to the Fair Work Commission for approval of the Broadspectrum Defence Stores Southern Queensland Enterprise Agreement 2018. The applicant is a company that provides services to the Australian Defence Force. The Fair Work Commission is the body responsible for approving enterprise agreements under the Fair Work Act 2009. The legal issues before the Fair Work Commission were whether the agreement was a "bargaining representative agreement" as defined in section 172 of the Fair Work Act, and whether the agreement complied with the "good faith" requirement in section 181 of the Act.

The Fair Work Commission found that the agreement was a bargaining representative agreement because it was made between the applicant, as an employer, and a registered trade union, as a bargaining representative. The Commission also found that the agreement complied with the good faith requirement. The applicant had provided full and frank disclosure to the union, and the union had engaged in meaningful bargaining with the applicant. The Commission noted that the agreement contained provisions that were beneficial to both parties, including provisions that addressed the applicant's need for flexibility and the union's need to protect its members' rights and interests. The Commission was satisfied that the agreement was made in good faith and that it was fair and reasonable.

The Fair Work Commission approved the Broadspectrum Defence Stores Southern Queensland Enterprise Agreement 2018. The applicant may now proceed to implement the agreement and notify affected employees. The union and the applicant may also apply to the Fair Work Commission to vary the agreement in the future if they are able to reach a new agreement. The decision of the Fair Work Commission is final and binding on both parties.

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