Broadspectrum Resources Pty Ltd

[2014] FWCA 6371

[2014] FWCA 6371

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Broadspectrum Resources Pty Ltd
(AG2014/6969)

BROADSPECTRUM AUSTRALIA OLYMPIC DAM ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 12 SEPTEMBER 2014

Application for approval of the Broadspectrum Australia Olympic Dam Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum Australia Olympic Dam Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Broadspectrum Resources Pty Ltd. The Agreement is a single-enterprise agreement.

[2] An undertaking has been provided in the following terms:

“Broadspectrum (Australia) Pty Ltd undertakes that:

1. Leave entitlements for weekly hire employees are provided for under clause 7.2 of the agreement and to avoid any doubt the company further undertakes that all full time employees will be entitled, except as otherwise provided in the agreement, to the minimum employment standards detailed in the Fair Work Act 2009 at Chapter 2, Part 2-2, Division 2 – Division 12. The minimum standards relate to the following matters:

(a) maximum weekly hours (Division 3);

(b) requests for flexible working arrangements (Division 4);

(c) parental leave and related entitlements (Division 5);

(d) annual leave (Division 6);

(e) personal/carer’s leave and compassionate leave (Division 7);

(f) community service leave (Division 8);

(g) long service leave (Division 9);

(h) public holidays (Division 10);

(i) notice of termination and redundancy pay (Division 11);

(j) Fair Work Information Statement (Division 12).

2. The wage rates for full time employees include recognition for overtime, hours of work arrangements and roster entitlements. The relevant provisions for full time employees in Clause 10 and the associated wage rates table have been redrafted to reflect these provisions and the clause and table in the agreement is to be deleted and reads as follows;

“Weekly employees will receive the following hourly rates based on a minimum of 38 hours worked per week and includes compensation for the nature of all duties performed and recognizes all disabilities associated with the conditions and location under which the work is performed. The rate also includes compensation for overtime, roster cycles which do not exceed two weeks on followed by one week off whereby the first 7 days are worked on dayshift with daily working hours of 12 per shift followed by an unpaid day off work and then followed by a further 7days worked on night shift with daily hours of 12 per shift and then followed by 6 clear unpaid days off work (7x1x7x6 = 21), payment for working Saturdays, Sundays and Public Holidays, where applicable, and annual leave loading which may have otherwise been applicable. Rosters cycles exceeding the two weeks on and one week off as detailed herein will not be worked and are not covered by this agreement”.

Year One – Weekly Hourly Rates

Broadspectrum Australia Maintenance Employees.	Per Hour rate effective on commencement of Agreement.
$
Level 1	$46.64
Level 2	$44.86
Level 3	$43.06
Level 4	$39.46
Level 5	$37.68
Level 6	$35.88
Level 7	$35.14
Level 8	$34.10
Level 9	$33.02
Level 10	$31.23

3. Broadspectrum Australia Pty Ltd is a company wholly owned company by Transfield Services (Australia) Pty Ltd and he provision in Clause 12–Superannuation of the agreement which refers to the Broadspectrum Australia Superannuation Plan was intended and is a general reference to the Transfield Services (Australia) Pty Ltd default superannuation fund which is Australian Super. Australian Super offers a My Super product for the purposes of s. 194 of the Fair work Act 2009.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment A.

[4] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2014. The nominal expiry date of the Agreement is 19 September 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code C, AE410086  PR555392>