Broadspectrum (Australia) Pty Ltd T/A Broadspectrum

[2018] FWCA 3053

[2018] FWCA 3053

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum
(AG2018/384)

BROADSPECTRUM DEFENCE STORES SYDNEY AND CENTRAL/NORTHERN NSW AGREEMENT 2017

Storage services
COMMISSIONER MCKINNON	MELBOURNE, 29 MAY 2018

Application for approval of the Broadspectrum Defence Stores Sydney and Central/Northern NSW Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum Defence Stores Sydney and Central/Northern NSW 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] The Applicant 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] 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 National Union of Workers being a bargaining representative for the Agreement, have 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 5 June 2018. The nominal expiry date of the Agreement is 28 May 2022.

COMMISSIONER

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Annexure A