DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum
(AG2016/2508)

BROADSPECTRUM WESTERN AUSTRALIA AIRCRAFT REFUELLING SERVICES ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER LEE	MELBOURNE, 6 APRIL 2016

Application for approval of the Broadspectrum Western Australia Aircraft Refuelling Services EnterpriseAgreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum Western Australia Aircraft Refuelling Services 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. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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 the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 April 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd, trading as Broadspectrum, applied to the Fair Work Commission for the approval of the Broadspectrum Western Australia Aircraft Refuelling Services Enterprise Agreement 2015. The application was opposed by the Transport Workers Union of Australia, who raised concerns regarding the agreement's provisions, particularly those related to employee entitlements and conditions. The matter was heard in the Fair Work Commission, where the central issues revolved around the fairness and compliance of the proposed agreement with relevant industrial laws and standards.

The Commission considered whether the agreement met the statutory requirements for approval, focusing on its procedural validity and substantive fairness. Key points of contention included the definition of certain terms, the structure of employee entitlements, and the process for resolving disputes. The Commission examined whether the agreement provided fair and reasonable terms and conditions for employees, and whether it complied with the Fair Work Act 2009. Additionally, the Commission evaluated the evidence presented by both parties to determine if the agreement was made in good faith and without coercion.

In its decision, the Commission found that the Broadspectrum Western Australia Aircraft Refuelling Services Enterprise Agreement 2015 was procedurally valid and met the necessary criteria for approval. The Commission determined that the agreement provided fair and reasonable terms and conditions for employees, and it complied with the requirements of the Fair Work Act 2009. The concerns raised by the Transport Workers Union of Australia were addressed, and the Commission concluded that the agreement was made in good faith and without coercion. As a result, the Commission approved the application for the agreement's approval.

The final orders of the Commission included the approval of the Broadspectrum Western Australia Aircraft Refuelling Services Enterprise Agreement 2015, effective from the date of the decision. The Commission directed that the agreement be registered with the Fair Work Commission and that it would apply to all relevant employees. The decision provided clarity and certainty for both Broadspectrum and its employees, ensuring compliance with industrial laws and standards.

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