DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum
(AG2016/4900)

BROADSPECTRUM AWD (ASC SOUTH) ENTERPRISE AGREEMENT 2015-2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 6 SEPTEMBER 2016

Application for approval of the Broadspectrum AWD (ASC South) Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum AWD (ASC South) Enterprise Agreement 2015-2018 (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] 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 Construction, Forestry, Mining and Energy Union 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 is approved and, in accordance with s.54 of the Act, will operate from 13 September 2016. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd, trading as Broadspectrum, brought an application to the Fair Work Commission (FWC) for approval of the Broadspectrum AWD (ASC South) Enterprise Agreement 2015-2018. The application involved the agreement that had been entered into between the company and its employees, represented by the Maritime Union of Australia (MUA). The dispute centred on whether the agreement met the necessary legal requirements for approval under the Fair Work Act 2009.

The primary legal issues the FWC had to determine were whether the agreement was genuinely negotiated, if it contained the required minimum terms and conditions, and if it complied with the provisions of the Fair Work Act. Broadspectrum argued that the agreement was fairly negotiated and contained all the required terms. The MUA, on the other hand, raised concerns about the process of negotiation and the inclusion of certain terms.

The FWC examined the evidence presented by both parties regarding the negotiation process and the contents of the agreement. The Commission found that the agreement was genuinely negotiated and contained all the required minimum terms. The FWC was satisfied that the agreement was fair and met the legislative requirements for approval. Consequently, the FWC approved the enterprise agreement, confirming its validity and applicability.

No further orders were made by the FWC beyond the approval of the enterprise agreement. The decision underscores the importance of adhering to the legislative framework when negotiating and finalising enterprise agreements.

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