Broadspectrum (Australia) Pty Ltd T/A Broadspectrum Summary

[2017] FWCA 6352

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum

(AG2017/4274)

Broadspectrum and Australian Manufacturing Workers Union SA Busses Workshop Enterprise Agreement 2017

Vehicle industry
Commissioner Lee	MELBOURNE, 30 NOVEMBER 2017

Application for approval of the Broadspectrum and Australian Manufacturing Workers Union SA Buses Workshop Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Broadspectrum and Australian Manufacturing Workers Union SA Buses Workshop 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.

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.

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.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2017. The nominal expiry date of the Agreement is 31 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd, trading as Broadspectrum, applied to the Fair Work Commission for the approval of the Broadspectrum and Australian Manufacturing Workers Union SA Buses Workshop Enterprise Agreement 2017. The application was made pursuant to the Fair Work Act 2009. The Australian Manufacturing Workers Union SA Branch, which was a party to the agreement, opposed the approval of the agreement, raising concerns about various aspects of the proposed enterprise agreement. The dispute was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements of section 234 of the Fair Work Act, which outlines the criteria for an enterprise agreement to be approved. The Commission had to consider whether the agreement provided for the terms and conditions of employment, dealt with the matters specified in the Fair Work Act, and was in the best interests of the employees covered by the agreement. The Union argued that the agreement did not meet these criteria due to several deficiencies, including the absence of specific provisions regarding shift patterns, overtime, and shift penalties.

The Fair Work Commission assessed the agreement against the statutory criteria and found that, while there were some shortcomings, the overall agreement provided for the terms and conditions of employment and dealt with the required matters. The Commission considered that the agreement was in the best interests of the employees, taking into account the benefits it provided, such as improved wages and conditions, and the context in which it was made. The Commission approved the Broadspectrum and Australian Manufacturing Workers Union SA Buses Workshop Enterprise Agreement 2017, finding that it met the necessary legislative requirements.

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established