Broadspectrum (Australia) Pty Ltd T/A Broadspectrum

[2020] FWCA 6496

[2020] FWCA 6496

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum
(AG2020/3055)

BROADSPECTRUM (NSW RAIL) MAINTENANCE ENTERPRISE AGREEMENT 2020

Rail industry
DEPUTY PRESIDENT CROSS	SYDNEY, 2 DECEMBER 2020

Application for approval of the Broadspectrum (NSW Rail) Maintenance Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Broadspectrum (NSW Rail) Maintenance Enterprise Agreement 2020 (‘the Agreement’). The application was made by Broadspectrum (Australia) Pty Ltd (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”) and the Australian Workers’ Union (“the AWU”), have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the CEPU and the AWU.

[4] I note that clauses 19(b)(D), 20(c), 21, 12(d), 12(e), and 12(f) are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 7(b) of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 9 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE509697  PR725113>

Annexure A