Broadspectrum (Australia) Pty Ltd T/A Broadspectrum

[2020] FWCA 6390

[2020] FWCA 6390

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum
(AG2020/3290)

BROADSPECTRUM MOBIL ALTONA REFINERY MECHANICAL CONSTRUCTION/MAINTENANCE ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 NOVEMBER 2020

Application for approval of the Broadspectrum Mobil Altona Refinery Mechanical Construction/Maintenance Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum Mobil Altona Refinery Mechanical Construction/Maintenance Enterprise Agreement 2020 (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] I note that Clauses 17(c), 34, 35, 9 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5(c) of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The Australian Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 December 2020. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

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