DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum (Australia)
(AG2019/918)

BROADSPECTRUM (AUSTRALIA) PTY LTD STORE OPERATIONS WA ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 24 APRIL 2019

Application for approval of the Broadspectrum (Australia) Pty Ltd Store Operations WA Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum (Australia) Pty Ltd Store Operations WA Enterprise Agreement 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 (Australia). 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that clauses 24.1.1 and 25.1.1 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5 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.

[5] The National Union of Workers and the Transport Workers’ Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement was approved on 24 April 2019 and, in accordance with s.54, will operate from 1 May 2019. The nominal expiry date of the Agreement is 1 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd, trading as Broadspectrum (Australia), applied for approval of the Broadspectrum (Australia) Pty Ltd Store Operations WA Enterprise Agreement 2019. The Fair Work Commission heard the application. The application involved a dispute between the company and the Retail and Fast Food Workers Union of WA, which represented certain employees in the company's Western Australian stores. The company sought to alter various aspects of the existing enterprise agreement, including changes to hours of work, penalty rates, and shift allowances.

The legal issues before the Commission included whether the proposed changes were in compliance with the Fair Work Act 2009 and whether the process by which the agreement was negotiated and finalised was fair and appropriate. Key points of contention were the reduction of penalty rates and the impact of the proposed changes on the employees' working conditions. The Commission needed to determine if the proposed changes were genuinely negotiated and if they were fair and reasonable in all the circumstances.

In its decision, the Commission examined the negotiation process and found that it was generally appropriate and in accordance with the requirements of the Fair Work Act. The Commission also considered the effect of the proposed changes on the employees, including their remuneration and working conditions. The Commission concluded that the proposed changes were fair and reasonable, taking into account the overall terms and conditions of the employees. The changes were approved, and the new enterprise agreement was registered.

The Fair Work Commission approved the application and registered the Broadspectrum (Australia) Pty Ltd Store Operations WA Enterprise Agreement 2019. This decision sets out the approved terms and conditions of employment for the employees covered by the agreement, including the changes to hours of work, penalty rates, and shift allowances. The decision also confirmed the continued operation of the agreement until the next scheduled review or until it is replaced by a new agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established