Broadspectrum (Australia) Pty Ltd T/A Broadspectrum Summary

[2018] FWCA 5564

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum

(AG2018/2910)

Broadspectrum and AWU Eastlink Maintenance Services Enterprise Agreement 2018

Building, metal and civil construction industries
Commissioner Johns	SYDNEY, 4 SEPTEMBER 2018

Application for approval of the Broadspectrum and AWU Eastlink Maintenance Services Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Broadspectrum and AWU Eastlink Maintenance Services 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.

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.

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.

The Australian Workers’ Union 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.

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 22 December 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 and AWU Eastlink Maintenance Services Enterprise Agreement 2018. The Australian Workers' Union (AWU) and Broadspectrum had negotiated this agreement, which sought to establish terms and conditions for employees working on the Eastlink project. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the commission was whether the enterprise agreement complied with the Fair Work Act, specifically sections 230 and 231, which set out the criteria for the approval of such agreements. These sections require that an agreement provides for the terms and conditions of employment and that it has been made in good faith and without coercion. The commission had to determine if the agreement met these requirements, considering the submissions and evidence provided by both parties.

In delivering its decision, the commission considered the negotiating history and the content of the agreement. It was noted that the agreement had been negotiated in good faith, and there was no evidence of coercion. The commission found that the agreement provided for terms and conditions of employment and that it met the statutory requirements for approval. Consequently, the commission approved the Broadspectrum and AWU Eastlink Maintenance Services Enterprise Agreement 2018. The decision was made in the interest of maintaining harmonious industrial relations and ensuring that employees received fair and reasonable terms of employment.

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established