DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum
(AG2016/6348)

BRS MINING & INDUSTRIAL (CENTRAL) ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	SYDNEY, 21 NOVEMBER 2016

Application for approval of the BRS Mining & Industrial (Central) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the BRS Mining & Industrial (Central) 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 November 2016. The nominal expiry date of the Agreement is 21 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd, trading as Broadspectrum, applied to the Fair Work Commission for approval of the BRS Mining & Industrial (Central) Enterprise Agreement 2016. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the National Union of Workers (NUW). The dispute centred on various provisions within the proposed agreement, including classification, remuneration, and the handling of disputes. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act. Specifically, the Commission needed to assess whether the agreement provided for the proper classification of employees, whether it offered fair and reasonable remuneration, and whether it adequately dealt with dispute resolution mechanisms. The Commission also needed to consider whether the agreement had been genuinely negotiated and whether it met the requirement of being in the best interests of the employees.

In its decision, the Commission thoroughly examined each of the contested provisions. It found that the proposed agreement did indeed provide for fair and reasonable classification and remuneration of employees. The Commission also determined that the dispute resolution mechanisms were adequate and that the agreement had been genuinely negotiated. Consequently, the Commission approved the BRS Mining & Industrial (Central) Enterprise Agreement 2016, finding that it met all the statutory requirements and was in the best interests of the employees. The Commission's approval was based on its finding that the agreement provided for fair and reasonable terms and conditions of employment and that it complied with the relevant provisions of the Fair Work Act.

The final orders of the Commission were that the BRS Mining & Industrial (Central) Enterprise Agreement 2016 be approved as a registered agreement under the Fair Work Act. The agreement was to be registered and would be in effect from the date of the Commission's decision. The Commission's decision effectively resolved the dispute between Broadspectrum and the unions, confirming the validity of the proposed enterprise agreement.

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