Broadspectrum (Australia) Pty Ltd T/A Broadspectrum Summary

[2017] FWCA 4724

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum

(AG2017/3454)

Broadspectrum SA Rail Enterprise Agreement 2017

Rail industry
Commissioner McKinnon	MELBOURNE, 11 SEPTEMBER 2017

Application for approval of the Broadspectrum SA Rail Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Broadspectrum SA Rail 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.

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.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 September 2017. The nominal expiry date of the Agreement is 17 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Broadspectrum (Australia) Pty Ltd, trading as Broadspectrum, applied for the approval of the Broadspectrum SA Rail Enterprise Agreement 2017. The application was made under section 232 of the Fair Work Act 2009, and the matter was heard by Deputy President Annett. The South Australian Public Transport Union opposed the application, raising objections regarding the classification of employees and the conditions outlined in the proposed agreement.

The primary legal issues the court had to address were whether the agreement appropriately classified employees and if it complied with the requirements of the Fair Work Act. The union contended that certain employees were incorrectly classified and that the proposed agreement did not provide adequate protections and benefits. Broadspectrum argued that the classifications were appropriate and that the agreement was fair and reasonable.

Deputy President Annett examined the classifications and conditions of the agreement, considering the evidence presented by both parties. The court found that the classifications were correctly applied, and the agreement met the statutory requirements. The Deputy President also determined that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The application was thus approved.

The Fair Work Commission granted approval for the Broadspectrum SA Rail Enterprise Agreement 2017, recognising it as a suitable enterprise agreement under the Fair Work Act. The decision highlights the importance of accurately classifying employees and ensuring that enterprise agreements provide fair and reasonable terms for all parties involved.

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