DECISION

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

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum
(AG2020/1050)

BROADSPECTRUM (MARINE ASSET MAINTENANCE) ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER BOOTH	BRISBANE, 20 MAY 2020

Application for approval of the Broadspectrum (Marine Asset Maintenance) Enterprise Agreement 2020.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Broadspectrum (Australia) Pty Ltd (the Applicant) for approval of the Broadspectrum (Marine Asset Maintenance) Enterprise Agreement 2020 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant and Applicant and employee bargaining representative Mr Dylan Woolnough on 7 May 2020, raising a number of concerns in relation to the Agreement. The Applicant provided formal undertakings on 11 May 2020, addressing the concerns raised.

[3] The undertakings meet the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Annexure A.

[4] Subject to the undertakings provided, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with clause 2 of the Agreement and s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 20 May 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd, trading as Broadspectrum, applied for approval of the Broadspectrum (Marine Asset Maintenance) Enterprise Agreement 2020. The applicant, a company engaged in marine asset maintenance services, sought the Fair Work Commission's endorsement of this enterprise agreement. The primary dispute centred around whether the agreement met the legal requirements for approval under the Fair Work Act 2009. This involved assessing if the agreement was fairly negotiated and met the conditions necessary for its approval.

The legal issues before the court included whether the agreement complied with the procedural fairness requirements set out in the Fair Work Act 2009, particularly the need for genuine negotiations and if the agreement was made in good faith. Additionally, the court had to determine whether the agreement was in the best interests of the employees involved, considering factors such as pay, conditions, and the overall fairness of the terms agreed upon.

The Fair Work Commission found that the enterprise agreement was fairly negotiated and met the legal requirements for approval. The court considered the evidence presented by Broadspectrum, which demonstrated that the agreement was the result of genuine negotiations and was made in good faith. Furthermore, the court found that the terms of the agreement were in the best interests of the employees, providing fair and reasonable conditions that addressed their needs and expectations. Consequently, the Fair Work Commission approved the Broadspectrum (Marine Asset Maintenance) Enterprise Agreement 2020.

The final orders included the approval of the Broadspectrum (Marine Asset Maintenance) Enterprise Agreement 2020, effective from the date of the decision. This approval allowed the agreement to be implemented, providing a clear framework for the employment conditions of the workers involved. The decision also noted the importance of continued compliance with the Fair Work Act 2009 and any subsequent amendments or requirements that might arise.

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