DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum Ltd (Transfield Services (Australia) Pty Ltd) t/a Broadspectrum (Transfield Services (Australia))
(AG2015/6850)

TSL – DEFENCE BASE SERVICES (DBS) VICTORIA (LAND MANAGEMENT, TRANSPORT AND RANGE OPERATIONS) ENTERPRISE AGREEMENT 2015-2018

Gardening services
COMMISSIONER LEE	MELBOURNE, 23 DECEMBER 2015

Application for approval of the TSL - Defence Base Services (DBS) Victoria (Land Management, Transport and Range Operations) Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the TSL - Defence Base Services (DBS) Victoria (Land Management, Transport and Range Operations) Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Broadspectrum Ltd (Transfield Services (Australia) Pty Ltd) t/a Broadspectrum (Transfield Services (Australia)). The Agreement is a single enterprise agreement.

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

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Workers’ Union and 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 these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2015. The nominal expiry date of the Agreement is 1 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Broadspectrum Ltd, trading as Transfield Services (Australia) Pty Ltd, applied to the Fair Work Commission for approval of the Defence Base Services (DBS) Victoria (Land Management, Transport and Range Operations) Enterprise Agreement 2015-2018. The application was brought under the Fair Work Act 2009, seeking the Commission's endorsement of the proposed agreement which aimed to regulate the terms and conditions of employment for employees within specified occupational groups. The legal issues before the Commission involved assessing whether the agreement met the formal and substantive requirements under the Fair Work Act, including compliance with the "better off overall test" which ensures that employees are no worse off financially under the new agreement compared to their previous terms.

The Commission examined whether the agreement appropriately balanced the interests of the employer and the employees, and if it complied with procedural requirements such as proper consultation and adequate disclosure. The Commission also considered if the agreement provided for appropriate mechanisms to resolve disputes and if it adhered to the principles of good faith bargaining. In its reasoning, the Commission highlighted the necessity for the agreement to cover all mandatory bargaining topics and ensure that it did not unfairly disadvantage employees in terms of wages, conditions, or other employment terms. After thorough examination, the Commission concluded that the proposed agreement met all the legal criteria and was thus approved.

The Commission's approval was based on a detailed analysis of the agreement's provisions, consultation processes, and compliance with the statutory requirements. The Commission found that the agreement was fair and balanced, providing adequate protections and benefits to the employees while allowing the employer to manage its business effectively. The final orders confirmed the approval of the Defence Base Services (DBS) Victoria (Land Management, Transport and Range Operations) Enterprise Agreement 2015-2018, effective from the date of the Commission's decision. This decision ensures that the terms of employment for the specified occupational groups are governed by the approved agreement, providing legal certainty and stability in the workplace.

Broadspectrum Ltd (Transfield Services (Australia) Pty Ltd) t/a Broadspectrum (Transfield Services (Australia))

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established