Broadspectrum (Australia) Pty Ltd T/A Broadspectrum

[2020] FWCA 1064

[2020] FWCA 1064

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum
(AG2020/227)

BROADSPECTRUM QENOS ALTONA SITE MAINTENANCE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 27 FEBRUARY 2020

Application for approval of the Broadspectrum Qenos Altona Site Maintenance Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum Qenos Altona Site Maintenance Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Broadspectrum (Australia) Pty Ltd T/A Broadspectrum (Employer).

[2] This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union (AWU) and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement, as required by s.187(5)(b) of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 March 2020. The nominal expiry date of the Agreement is 1 July 2023.

DEPUTY PRESIDENT

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