DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum
(AG2019/5092)

BROADSPECTRUM (VIVA ENERGY CLYDE/GORE BAY SITES-NSW) ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 FEBRUARY 2020

Application for variation of the Broadspectrum (Viva Energy Clyde/Gore Bay Sites-NSW) Enterprise Agreement 2017.

[1] An application has been made for approval of a variation to the Broadspectrum (Viva Energy Clyde/Gore Bay Sites-NSW) Enterprise Agreement 2017 (the Agreement). The application was made by Broadspectrum (Australia) Pty Ltd T/A Broadspectrum pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 28 June 2018. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 12 February 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd, trading as Broadspectrum, filed an application for a variation to the Broadspectrum (Viva Energy Clyde/Gore Bay Sites-NSW) Enterprise Agreement 2017 with the Fair Work Commission. The applicant sought amendments to the agreement to address changes in operational requirements and to better align the terms with current business practices. The Australian Manufacturing Workers' Union was the respondent in the proceedings. The Fair Work Commission was tasked with determining whether the proposed variations were justified and in the best interest of both the employer and the employees.

The primary legal issues before the Commission included whether the proposed changes were necessary to maintain the operational efficiency and competitiveness of Broadspectrum's business, and whether the changes would result in a detriment to the employees that outweighed any benefits to the employer. The Commission also had to assess whether the variations were consistent with the principles of good faith bargaining and whether there was sufficient evidence to support the need for the amendments. The respondent argued that the proposed changes would adversely affect the employees' working conditions and entitlements, challenging the necessity and fairness of the proposed variations.

In its decision, the Commission considered the evidence presented by both parties and the broader context of the business operations. The Commission found that the proposed variations were necessary to address significant operational challenges and to ensure the continued viability of Broadspectrum's operations at the Clyde/Gore Bay sites. The Commission determined that the changes were in the best interest of both the employer and the employees, as they would help maintain the business's competitiveness and job security. The Commission concluded that the variations did not constitute a detriment to the employees that would outweigh the benefits to the employer and were consistent with good faith bargaining principles. Consequently, the Commission approved the variations to the enterprise agreement as sought by Broadspectrum.

The final orders of the Commission included the approval of the variations to the Broadspectrum (Viva Energy Clyde/Gore Bay Sites-NSW) Enterprise Agreement 2017 as set out in the application, with the effective date of the variations to be determined by further agreement between the parties or as directed by the Commission. The decision was made under the authority of the Fair Work Act 2009 and was binding on both Broadspectrum and the Australian Manufacturing Workers' Union.

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