DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum
(AG2017/541)

BROADSPECTRUM WA FIRE COMMUNICATION OFFICER ENTERPRISE AGREEMENT 2016

Security services
COMMISSIONER GREGORY	MELBOURNE, 2 MAY 2017

Application for approval of the Broadspectrum WA Fire Communication Officer Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum WA Fire Communication Officer Enterprise Agreement 2016 (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] 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.

[5] The Transport Workers’ Union of Australia 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 May 2017. The nominal expiry date of the Agreement is 2 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd, trading as Broadspectrum, applied for the approval of the Broadspectrum WA Fire Communication Officer Enterprise Agreement 2016. The application was made under the Fair Work Act 2009, and the matter was heard in the Fair Work Commission. The primary dispute centred on whether the enterprise agreement met the legal requirements for approval under the Act, particularly in relation to its provisions concerning the classification and remuneration of employees.

The legal issues before the Commission involved the interpretation and application of sections of the Fair Work Act, particularly those relating to the content and form of an enterprise agreement. The key concerns were whether the agreement provided for a fair and reasonable set of terms and conditions, including adequate notice periods for classification changes and sufficient remuneration for certain roles. The Commission had to determine if the agreement complied with the formal requirements of the Act, such as the inclusion of specific prescribed pay and conditions.

The Fair Work Commission found that the Broadspectrum WA Fire Communication Officer Enterprise Agreement 2016 was largely compliant with the requirements of the Fair Work Act. The Commission noted that while some provisions required minor adjustments to meet the legal standards, these were relatively minor and could be rectified. The Commission approved the agreement, subject to the specified amendments, determining that the agreement provided fair and reasonable terms and conditions for the employees covered by it. The Commission's decision was based on the overall fairness of the agreement and its alignment with the principles of the Fair Work Act.

The final orders of the Commission included the approval of the Broadspectrum WA Fire Communication Officer Enterprise Agreement 2016, subject to certain conditions and modifications. These modifications were aimed at ensuring that the agreement fully complied with the legal requirements set out in the Fair Work Act. The Commission's decision provided clarity for both Broadspectrum and the employees, ensuring that the agreement was both legally sound and fair to all parties involved.

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