Broadspectrum (Australia) Pty Ltd T/A Broadspectrum

[2018] FWCA 4872

[2018] FWCA 4872

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum
(AG2018/1980)

BROADSPECTRUM VIC AND UFU FIRE AND RESCUE ENTERPRISE AGREEMENT 2017

Fire fighting services
COMMISSIONER MCKINNON	MELBOURNE, 17 AUGUST 2018

Application for approval of the Broadspectrum VIC and UFU Fire and Rescue Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum VIC and UFU Fire and Rescue Enterprise Agreement 2017 (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] Written undertakings have been given in accordance with s.190. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The United Firefighters' 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 August 2018. The nominal expiry date of the Agreement is 1 May 2021.

COMMISSIONER

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Annexure A