DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum
(AG2018/43)

BROADSPECTRUM (NSW RAIL) MAINTENANCE ENTERPRISE AGREEMENT 2016

Rail industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 APRIL 2018

Application for variation of the Broadspectrum (NSW Rail) Maintenance Enterprise Agreement 2016.

[1] An application has been made for approval of a variation to the Broadspectrum (NSW Rail) Maintenance Enterprise Agreement 2016 (the Agreement). The application was made by Broadspectrum (Australia) Pty Ltd T/A Broadspectrum pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 13 April 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd, trading as Broadspectrum, applied to the Fair Work Commission for a variation of the Broadspectrum (NSW Rail) Maintenance Enterprise Agreement 2016. The applicants sought to reduce the overtime pay rates for certain employees, arguing that the current rates were inconsistent with the current market conditions and that the proposed rates would still be sufficient to provide for the employees' reasonable needs. The Rail, Tram and Bus Industry Union opposed the application, contending that the proposed changes would negatively impact the employees' conditions and were not justified.

The Commission had to determine whether the proposed changes to the overtime pay rates were fair and reasonable in all the circumstances. The Commission considered the evidence provided by both parties and examined the relevant factors, including the current market conditions, the employees' reasonable needs, and the need for flexibility in the enterprise agreement. The Commission found that the proposed changes were fair and reasonable and would not have an adverse effect on the employees' conditions of employment.

In conclusion, the Fair Work Commission granted the application for variation of the Broadspectrum (NSW Rail) Maintenance Enterprise Agreement 2016. The new overtime pay rates will apply from the date of the decision and will be in effect for the duration of the enterprise agreement. The decision recognises the need for flexibility in enterprise agreements to adapt to changing market conditions while also ensuring that employees' reasonable needs are met.

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