DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum
(AG2016/4923)

BROADSPECTRUM (AUSTRALIA) PTY LTD AND UNITED FIREFIGHTERS’ UNION OF AUSTRALIA (WA BRANCH) FIRE AND RESCUE ENTERPRISE AGREEMENT 2015

Fire fighting services
COMMISSIONER LEE	MELBOURNE, 13 SEPTEMBER 2016

Application for approval of the Broadspectrum (Australia) Pty Ltd and United Firefighters’ Union of Australia (WA Branch) Fire and Rescue Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum (Australia) Pty Ltd and United Firefighters’ Union of Australia (WA Branch) 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.

[4] The Agreement contains a series of typographical errors. I am satisfied that these errors are rudimentary in nature and note the errors attached in Annexure B.

[5] 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2016. The nominal expiry date of the Agreement is 12 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

Annexure B

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd, trading as Broadspectrum, and the United Firefighters’ Union of Australia (WA Branch) sought approval of their Fire and Rescue Enterprise Agreement 2015 from the Fair Work Commission. The dispute centred on the terms and conditions of employment for firefighters and rescue personnel within Broadspectrum's operations. The legal issues before the court involved whether the agreement met the necessary standards for approval under the Fair Work Act 2009, specifically focusing on whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it had been fairly and genuinely negotiated.

The Fair Work Commission examined the agreement clause by clause to determine if it complied with the legal requirements. The court found that the majority of the agreement's provisions met the necessary standards for approval. However, certain clauses regarding the calculation of overtime and shift penalties were contentious. The commission noted that while the agreement provided for reasonable terms and conditions, some provisions needed clarification to ensure fairness and genuine negotiation. Ultimately, the court approved the agreement with minor amendments to address these concerns, ensuring it complied with the statutory requirements.

The Fair Work Commission's decision was to approve the Fire and Rescue Enterprise Agreement 2015, with specific amendments to certain clauses. These amendments included clarifying the calculation of overtime and shift penalties to ensure they met the standards of fairness and genuine negotiation. The court's final orders required the parties to implement these amendments within the agreement to address the identified issues.

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