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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum applied for approval of the Broadspectrum VIC and UFU Fire and Rescue Enterprise Agreement 2017. The applicant sought to have the agreement approved by the Fair Work Commission (FWC). The Unions for Fire and Emergency Rescue (UFU) opposed the application. The nature of the dispute involved the terms and conditions of employment in the agreement and its compliance with relevant industrial laws.

The legal issues before the court centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the procedural requirements for bargaining and approval. The court also considered the extent to which the agreement balanced the interests of both employers and employees, ensuring fairness and meeting the needs of the industry.

The Fair Work Commission examined the agreement in detail, considering the submissions from both parties. The Commission found that the proposed agreement provided for fair and reasonable terms and conditions of employment, and was in compliance with the procedural requirements of the Act. The Commission also noted that the agreement balanced the interests of both employers and employees, taking into account the unique nature of the fire and emergency services industry. As a result, the Commission approved the Broadspectrum VIC and UFU Fire and Rescue Enterprise Agreement 2017.

The final orders of the Fair Work Commission were that the Broadspectrum VIC and UFU Fire and Rescue Enterprise Agreement 2017 be approved as a registered agreement under the Fair Work Act 2009, effective from 1 April 2017. The agreement was to be registered by the Registrar of the Fair Work Commission and published on the Commission's website. The decision was binding on all parties covered by the agreement, including the applicant, the UFU, and all employees employed under 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