DECISION

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

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum
(AG2015/6757)

TRANSFIELD SERVICES DEFENCE BASE SERVICES (VIC) AND THE UNITED FIREFIGHTERS' UNION OF AUSTRALIA (VICTORIAN BRANCH) FIRE AND RESCUE ENTERPRISE AGREEMENT 2015

Fire fighting services
COMMISSIONER WILSON	MELBOURNE, 16 DECEMBER 2015

Application for approval of the Transfield Services Defence Base Services (Vic) and the United Firefighters' Union of Australia (Victorian Branch) Fire and Rescue Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Transfield Services Defence Base Services (Vic) and the United Firefighters Union of Australia (Victorian 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). The agreement is a single-enterprise agreement. In the course of approval process it became apparent that the name of the employer entity has changed from Transfield Services (Australia) Pty Ltd T/A Transfield Services to Broadspectrum (Australia) Pty Ltd T/A Broadspectrum. Notwithstanding this change, the Agreement is approved with reference to the former name, as Transfield Services Defence Base Services (Vic) and the United Firefighters Union of Australia (Victorian Branch) Fire and Rescue Enterprise Agreement 2015.

[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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2015. The nominal expiry date of the Agreement is 31 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd, trading as Broadspectrum, along with the Transfield Services Defence Base Services (Vic) and the United Firefighters' Union of Australia (Victorian Branch) collectively referred to as the applicants, sought the approval of the Fair Work Commission for the Fire and Rescue Enterprise Agreement 2015. The agreement was to cover employees within the specified enterprise, and its approval was contested by the respondents, including the Australian Council of Trade Unions and the Defence Industry Group of Unions. The dispute was heard in the Fair Work Commission, where the applicants argued that the agreement met all legal requirements for approval.

The primary legal issues before the commission were whether the agreement contained all the prescribed minimum terms and conditions, and if the agreement was genuinely negotiated. The applicants contended that the agreement was fair and met all statutory requirements, while the respondents argued that the agreement failed to include certain minimum terms and failed to demonstrate genuine negotiation. The commission needed to determine whether the agreement was compliant with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The Fair Work Commission found that the agreement contained all the prescribed minimum terms and conditions and was genuinely negotiated. The commission emphasised that the agreement's provisions were comprehensive and aligned with the legislative requirements. It also noted that the negotiation process had been robust and included participation from both parties. The commission concluded that the agreement met the criteria for approval and dismissed the respondents' objections. Consequently, the commission approved the Fire and Rescue Enterprise Agreement 2015.

The final orders of the commission included the approval of the Fire and Rescue Enterprise Agreement 2015, dismissing the objections raised by the respondents, and confirming that the agreement would be applicable to the specified enterprise from the date of approval. The commission further directed that the agreement be registered and published as required by the relevant legislation.

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