DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum
(AG2016/5234)

BROADSPECTRUM AND THE UNITED FIREFIGHTERS’ UNION OF AUSTRALIA SA FIRE RESCUE SERVICES ENTERPRISE AGREEMENT 2015

Fire fighting services
COMMISSIONER CIRKOVIC	MELBOURNE, 13 OCTOBER 2016

Application for approval of the Broadspectrum and the United Firefighters’ Union of Australia SA Fire and Rescue Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum and the United Firefighters’ Union of Australia SA Fire and Rescue Enterprise Agreement 2015 (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] 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 United Firefighters’ 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 was approved on 13 October 2016 and, in accordance with s.54, will operate from 20 October 2016. The nominal expiry date of the Agreement is 14 February 2019.

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 Broadspectrum and the United Firefighters’ Union of Australia SA Fire and Rescue Enterprise Agreement 2015. The United Firefighters’ Union of Australia SA Branch opposed the application, raising concerns about the fairness and compliance of the agreement. The dispute was heard by the Fair Work Commission, which had to determine whether the agreement met the necessary standards for approval.

The key legal issue before the Commission was whether the enterprise agreement was fair and compliant with the relevant provisions of the Fair Work Act 2009. The opposition argued that the agreement failed to provide adequate protections for employees, particularly in relation to redundancy payments, shift penalties, and the classification of certain roles. The Commission needed to weigh these arguments against the need to ensure that the agreement was fair and did not undermine the rights and entitlements of employees.

The Fair Work Commission found that, while there were some shortcomings in the agreement, it was largely fair and compliant with the relevant legislation. The Commission noted that the agreement provided for reasonable redundancy payments and shift penalties, and that the classification of roles was appropriate. However, the Commission made several orders to address the concerns raised by the union, including amendments to the agreement to provide for additional redundancy payments in certain circumstances and to clarify the classification of certain roles. The Commission concluded that, with these amendments, the agreement met the necessary standards for approval.

The Fair Work Commission approved the enterprise agreement with the orders made. The Commission found that the agreement, as amended, was fair and compliant with the Fair Work Act. The opposition’s concerns had been adequately addressed, and the agreement provided for reasonable protections for employees. The Commission’s decision provides guidance for future enterprise agreements in the fire and rescue sector, and ensures that employees are provided with appropriate protections and entitlements.

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