DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum
(AG2018/2743)

BROADSPECTRUM SA DEFENCE FACILITIES ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 SEPTEMBER 2018

Application for approval of the Broadspectrum SA Defence Facilities Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum SA Defence Facilities 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd, trading as Broadspectrum, filed an application seeking approval of the Broadspectrum SA Defence Facilities Enterprise Agreement 2018. The application was brought before the Fair Work Commission (FWC), which is responsible for overseeing the approval process of enterprise agreements under the Fair Work Act 2009. The primary concern of the application was whether the agreement met the necessary criteria for approval, including ensuring that it provided fair and equitable terms and conditions for employees.

The legal issues at the heart of the case revolved around the interpretation and application of the statutory requirements for enterprise agreements. The Commission had to determine whether the agreement adhered to the provisions of the Fair Work Act, particularly sections related to ensuring that the agreement was not worse-off and covered specified minimum terms and conditions. Additionally, the Commission needed to consider whether the agreement had been genuinely negotiated and whether it provided for appropriate mechanisms for dispute resolution.

The FWC assessed the agreement, taking into account the submissions from Broadspectrum and other relevant stakeholders. The Commission found that the agreement contained provisions that were not worse-off than the applicable awards and met the statutory minimum standards. The FWC also concluded that the agreement had been genuinely negotiated and provided adequate mechanisms for dispute resolution. Consequently, the FWC approved the Broadspectrum SA Defence Facilities Enterprise Agreement 2018, finding it to be compliant with the requirements of the Fair Work Act. This decision ensures that the employees covered by the agreement are provided with fair terms and conditions of employment.

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