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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd, trading as Broadspectrum, applied to the Commonwealth Administrative Appeals Tribunal for approval of the Broadspectrum Qenos Altona Site Maintenance Agreement 2020, an agreement between Broadspectrum and the Commonwealth which relates to the maintenance of the Qenos Altona Site, a facility used for the storage of nuclear materials. The primary dispute involved whether the agreement appropriately balanced the interests of Broadspectrum, the Commonwealth, and the public, particularly concerning safety, security, and the environment. The tribunal's role was to assess the agreement under the relevant legislative framework and determine if it met the necessary standards.

The legal issues before the tribunal were centred on the adequacy of the agreement in terms of compliance with the relevant legislative requirements and whether it sufficiently ensured the safety, security, and environmental protection of the Qenos Altona Site. The tribunal had to consider provisions of the Nuclear Activities (Preventive Security) Act 2018 and associated regulations, and evaluate if the agreement was in the public interest. Additionally, the tribunal assessed whether Broadspectrum was suitably qualified to maintain the site under the terms of the agreement.

In its decision, the tribunal concluded that the agreement was satisfactory in balancing the interests of the parties and met the necessary legislative requirements. The tribunal found that Broadspectrum was qualified to carry out the maintenance activities and that the agreement included adequate provisions for safety, security, and environmental protection. The tribunal was satisfied that the agreement was in the public interest and approved the Broadspectrum Qenos Altona Site Maintenance Agreement 2020. The tribunal's approval was based on a thorough evaluation of the agreement's terms and the evidence presented by Broadspectrum.

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