DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum
(AG2018/41)

BROADSPECTRUM PLANT MAINTENANCE (PORT KEMBLA) ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 17 JANUARY 2018

Application for approval of the Broadspectrum Plant Maintenance (Port Kembla) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum Plant Maintenance (Port Kembla) 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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and The Australian Workers’ Union being a bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum sought approval of the Broadspectrum Plant Maintenance (Port Kembla) Enterprise Agreement 2018 from the Fair Work Commission (FWC). The agreement related to the employment terms of the company's maintenance workers at its Port Kembla site. The applicant argued that the proposed agreement was a new and independent agreement, while the opposing party contested this characterisation, claiming it was a continuation of an existing enterprise agreement. The central legal issue for the FWC to determine was whether the new agreement constituted a new agreement or if it was a continuation of the old one. This distinction was crucial as it would determine the process and criteria for the FWC's approval.

The FWC examined the nature and content of the proposed agreement, along with the historical context of the employment arrangements at the site. The Commission found that the changes in the agreement were not merely minor adjustments but represented a substantive renegotiation of the terms and conditions of employment. This led to the conclusion that the new agreement was not a continuation of the old one but a new and independent agreement. The FWC's decision was influenced by the significant differences in the content and the circumstances under which the new agreement was negotiated and proposed.

The FWC approved the proposed agreement, recognising it as a new and independent enterprise agreement. This decision was based on the substantial changes in the terms of employment and the manner in which the agreement was negotiated. The Commission's approval was granted with the condition that the agreement be made available to all employees for signature within a specified period. The decision set a precedent for future negotiations and agreements at the site, emphasising the importance of clear and independent renegotiation processes in enterprise bargaining.

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