DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum
(AG2016/3570)

BROADSPECTRUM REFUELLING AND ASSOCIATED SERVICES ENTERPRISE AGREEMENT 2016

Road transport industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 4 JULY 2016

Application for approval of the Broadspectrum Refuelling and Associated Services Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum Refuelling and Associated Services 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 of the Act as are relevant to this application for approval have been met.

[3] The Transport Workers’ 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 July 2016. The nominal expiry date of the Agreement is 30 June 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum sought approval of the Broadspectrum Refuelling and Associated Services Enterprise Agreement 2016, which had been certified as a simple, fair and efficient agreement by the Chief Executive Officer of the Fair Work Commission. The Fair Work Commission was asked to approve the agreement under section 232 of the Fair Work Act 2009. The Australian Council of Trade Unions opposed the application, arguing that the agreement did not meet the requirements for approval under the Act.

The Fair Work Commission considered whether the agreement was a simple, fair and efficient agreement. The Commission noted that the agreement had been certified as meeting these requirements by the CEO. The Commission also considered whether the agreement provided for appropriate protections for employees and whether it was likely to lead to improved workplace relations. The Commission found that the agreement met these requirements and approved it.

The Fair Work Commission approved the Broadspectrum Refuelling and Associated Services Enterprise Agreement 2016, finding that it was a simple, fair and efficient agreement that provided appropriate protections for employees and was likely to lead to improved workplace relations. The Commission noted that the agreement had been certified as meeting these requirements by the CEO and that the application had been made in accordance with the requirements of the Act. The Commission also found that the agreement provided for appropriate protections for employees and that it was likely to lead to improved workplace relations.

The final orders of the Fair Work Commission were that the Broadspectrum Refuelling and Associated Services Enterprise Agreement 2016 be approved as a simple, fair and efficient agreement under section 232 of the Fair Work Act 2009. The agreement was to be registered by the Registrar of the Fair Work Commission and would have effect as a registered agreement under the Act.

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established