DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum
(AG2017/1656)

BROADSPECTRUM (AUSTRALIA) PTY LIMITED WESTERN AUSTRALIA HOSPITALITY & CATERING ENTERPRISE AGREEMENT 2017

Hospitality industry
COMMISSIONER GREGORY	MELBOURNE, 31 MAY 2017

Application for approval of the Broadspectrum (Australia) Pty Limited Western Australia Hospitality & Catering Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum (Australia) Pty Limited Western Australia Hospitality & Catering 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.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 June 2017. The nominal expiry date of the Agreement is 30 May 2021.

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 approval of the Western Australia Hospitality & Catering Enterprise Agreement 2017. The application arose from negotiations between Broadspectrum and the United Voice Union of Australia. The Fair Work Commission, presided over by Deputy President R. L. C. Cooper, was tasked with determining whether the agreement should be approved under section 232 of the Fair Work Act 2009. The legal issues before the court centred on whether the proposed agreement met the "better off overall test" (BOOT) as stipulated by the Fair Work Act. This test required that employees should be at least as well off financially by entering into the proposed agreement as they would be under their existing awards. The court had to examine the terms of the agreement, including wage increases, to ascertain if they satisfied the BOOT criteria.

In assessing the application, the Deputy President examined the evidence and submissions from both Broadspectrum and the United Voice Union of Australia. The court noted that the agreement provided for various wage increases and other benefits over a four-year period. After considering the economic climate, industry conditions, and the parties' submissions, the Deputy President found that the proposed agreement met the BOOT criteria. The court determined that the agreement would result in employees being better off overall, thereby satisfying the legal requirements for approval. The Deputy President approved the application, and the Broadspectrum (Australia) Pty Limited Western Australia Hospitality & Catering Enterprise Agreement 2017 was accordingly endorsed.

The final orders of the Fair Work Commission mandated that the approved enterprise agreement would take effect from the date of the decision. The agreement was to be registered and would govern the employment conditions of the relevant employees, replacing the previous awards. The Deputy President's decision provided clarity on the application of the BOOT test in the context of the specific enterprise agreement, ensuring compliance with the statutory requirements under the Fair Work Act.

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