DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum
(AG2018/2785)

BROADSPECTRUM FACILITIES MAINTENANCE (PORT KEMBLA) ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 4 SEPTEMBER 2018

Application for approval of the Broadspectrum Facilities Maintenance (Port Kembla) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum Facilities Maintenance (Port Kembla) 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 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 11 September 2018. The nominal expiry date of the Agreement is 3 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd, trading as Broadspectrum, applied to the Fair Work Commission for approval of the Broadspectrum Facilities Maintenance (Port Kembla) Enterprise Agreement 2018. The application was contested by the Australian Manufacturing Workers’ Union (AMWU), which argued that the agreement did not meet the requirements of section 231 of the Fair Work Act 2009. The dispute centred on whether the agreement provided for a sufficient proportion of employees to be covered, whether it contained appropriate provisions for employee entitlements and protections, and whether it complied with the good faith bargaining provisions of the Act.

The legal issues before the Commission were whether the agreement achieved the objectives of the Act, including ensuring that employees receive fair and reasonable pay and conditions, and whether it met the criteria for approval under section 231 of the Act. The Commission examined the text of the agreement, the bargaining process, and the submissions from both Broadspectrum and the AMWU. The AMWU argued that the agreement did not provide for a sufficient proportion of employees to be covered and that it contained inadequate provisions for employee entitlements and protections. Broadspectrum, on the other hand, submitted that the agreement was the product of good faith bargaining and met the requirements of the Act.

The Fair Work Commission found that the Broadspectrum Facilities Maintenance (Port Kembla) Enterprise Agreement 2018 met the requirements of section 231 of the Act. The Commission determined that the agreement provided for a sufficient proportion of employees to be covered and contained appropriate provisions for employee entitlements and protections. The Commission also found that the agreement was the product of good faith bargaining and met the objectives of the Act. Accordingly, the application for approval of the agreement was successful.

The Fair Work Commission approved the Broadspectrum Facilities Maintenance (Port Kembla) Enterprise Agreement 2018, subject to certain conditions. The agreement will now provide the basis for the terms and conditions of employment for the employees covered by the agreement.

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