Broadspectrum (Australia) Pty Ltd T/A Broadspectrum

[2019] FWCA 8240

[2019] FWCA 8240

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum
(AG2019/4374)

BROADSPECTRUM AND ETU VIC ELECTRICAL ENTERPRISE AGREEMENT ALTONA REFINERY 2019

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 4 DECEMBER 2019

Application for approval of the Broadspectrum and ETU Vic Electrical Enterprise Agreement Altona Refinery 2019.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum and ETU Vic Electrical Enterprise Agreement Altona Refinery 2019 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

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

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

•  Clause 23.1 (d)(iv) – Annual Leave Loading

However, noting clause 4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 December 2019. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

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Annexure A