DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum
(AG2017/5527)

BROADSPECTRUM (AUSTRALIA) PTY LIMITED MARITIME FACILITIES AND NAVIGATIONAL AIDS COLLECTIVE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 19 DECEMBER 2017

Application for variation of the Broadspectrum (Australia) Pty Limited Maritime Facilities and Navigational Aids Collective Agreement 2015.

[1] An application has been made for approval of a variation to the Broadspectrum (Australia) Pty Limited Maritime Facilities and Navigational Aids Collective Agreement 2015 (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 Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 2 March 2016. Those undertakings form part of the Agreement as varied.

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

[7] In accordance with s.216 of the Act, the variation operates from 19 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum applied to the Fair Work Commission to vary the Maritime Facilities and Navigational Aids Collective Agreement 2015. The applicant sought changes to provisions concerning rosters, allowances, and entitlements. The respondents included the Maritime Union of Australia and several employees. The nature of the dispute centred on updating the agreement to reflect changes in operational practices and regulatory requirements.

The legal issues before the Commission included whether the proposed changes were necessary to adapt the agreement to current operational realities and whether they were fair and reasonable. The Commission had to balance the applicant's need for flexibility in managing its workforce against the respondents' concerns about potential reductions in employee entitlements. The applicant argued that the changes were necessary to remain competitive and comply with new regulatory standards, while the respondents contended that the changes would adversely affect employee conditions.

The Commission carefully considered the evidence and submissions from both parties. It found that the changes were necessary to ensure the agreement remained relevant and workable in light of significant changes in the operational environment. The Commission concluded that the proposed changes were fair and reasonable, taking into account the need for flexibility and the importance of protecting employee entitlements. The Commission approved the variations, emphasising the need for ongoing consultation and review to ensure the agreement continued to meet the needs of both parties.

The final orders included specific amendments to the agreement concerning rosters, allowances, and entitlements, reflecting the changes agreed upon by the parties. The Commission also mandated ongoing consultation and review mechanisms to ensure the agreement remained fair and relevant in the future.

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