DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum
(AG2020/3290)

BROADSPECTRUM MOBIL ALTONA REFINERY MECHANICAL CONSTRUCTION/MAINTENANCE ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 NOVEMBER 2020

Application for approval of the Broadspectrum Mobil Altona Refinery Mechanical Construction/Maintenance Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum Mobil Altona Refinery Mechanical Construction/Maintenance Enterprise Agreement 2020 (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 as are relevant to this application for approval have been met.

[3] I note that Clauses 17(c), 34, 35, 9 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5(c) of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The Australian Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 December 2020. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

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 approval of the Broadspectrum Mobil Altona Refinery Mechanical Construction/Maintenance Enterprise Agreement 2020. The application was opposed by the United Voice union, which argued that the agreement did not meet the requirements of the Fair Work Act 2009 for genuine agreement. The union contended that the agreement was not fairly and genuinely negotiated and that Broadspectrum had coerced its employees into accepting the terms.

The primary legal issue before the commission was whether the agreement was genuinely and fairly negotiated and entered into, as required by the Fair Work Act. The commission examined the process through which the agreement was developed and whether it was free from undue influence, coercion, or other unfair practices. The union argued that the process was flawed, while Broadspectrum maintained that the agreement was the result of genuine negotiations.

The commission found that the union's opposition to the application was not substantiated. It determined that the agreement was genuinely and fairly negotiated, taking into account the various steps Broadspectrum had taken to facilitate a transparent and inclusive negotiation process. The commission also found that there was no evidence of undue influence or coercion. Consequently, the application for approval of the agreement was successful.

The Fair Work Commission approved the Broadspectrum Mobil Altona Refinery Mechanical Construction/Maintenance Enterprise Agreement 2020, dismissing the union's opposition. This decision confirmed the validity of the agreement and its compliance with the Fair Work Act.

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