DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum
(AG2017/1079)

TRACE IMSC - ONSHORE ENTERPRISE AGREEMENT 2017

Oil and gas industry
COMMISSIONER ROE	MELBOURNE, 13 APRIL 2017

Application for approval of the TRACE IMSC - Onshore Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the TRACE IMSC - Onshore 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 13 April 2017 and, in accordance with s.54, will operate from 20 April 2017. The nominal expiry date of the Agreement is 1 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd, trading as Broadspectrum, sought approval for the TRACE IMSC - Onshore Enterprise Agreement 2017 in the Fair Work Commission. The agreement, negotiated with the Communications, Electrical and Plumbing Union (CEPU), aimed to govern the terms and conditions of employment for certain employees within the company. The dispute centred on the fairness and appropriateness of the proposed agreement, with the Australian Council of Trade Unions (ACTU) raising concerns over the terms.

The primary legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009 and was fair and appropriate in terms of its content and negotiation process. The Commission had to determine if the agreement was made in good faith and if it provided fair and reasonable terms for the employees involved. Additionally, the Commission considered the process through which the agreement was negotiated, ensuring it complied with relevant industrial relations laws and principles.

The Commission found that the agreement was made in good faith and that the negotiation process was fair and appropriate. It was noted that the agreement contained provisions that were fair and reasonable, taking into account the specific circumstances of the employees and the broader industrial context. The Commission was satisfied that the agreement met the statutory requirements under the Fair Work Act 2009 and approved the TRACE IMSC - Onshore Enterprise Agreement 2017. The decision was made on the basis that the agreement provided for the fair and reasonable terms of employment for the affected workers, without contravening any legislative provisions.

The Fair Work Commission approved the TRACE IMSC - Onshore Enterprise Agreement 2017, effective from 1 January 2018, with a duration of three years. The approval was contingent upon the agreement being registered with the Australian Industrial Registry, and the parties were directed to take necessary steps to ensure compliance with the terms of the agreement and the Fair Work Act 2009.

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