DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Broadspectrum Services Pty Ltd T/A Broadspectrum
(AG2017/6271)

BROADSPECTRUM AUSTRALIA QENOS ALTONA REVAMP PROJECT (ELECTRICAL) CERTIFIED AGREEMENT 2011

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 21 DECEMBER 2017

Application for termination of the Broadspectrum Australia Qenos Altona Revamp Project (Electrical) Certified Agreement 2011.

[1] On 13 December 2017 Broadspectrum Services Pty Ltd T/A Broadspectrum (the Applicant) lodged an application pursuant to section 225 of the Fair Work Act 2009 (Cth) (the Act) to terminate the Broadspectrum Australia Qenos Altona Revamp Project (Electrical) Certified Agreement 2011 (the Agreement).

[2] The Agreement has a nominal expiry date of 30 June 2013, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) are covered by the Agreement.

[3] Section 226 of the Act sets out the conditions which must be met for an agreement to be terminated pursuant to section 225 of the Act as follows:

“226 When the FWC must terminate an enterprise agreement

If an application for the termination of an enterprise agreement is made under section 225, the FWC must terminate the agreement if:

(a) the FWC is satisfied that it is not contrary to the public interest to do so; and

(b) the FWC considers that it is appropriate to terminate the agreement taking into account all the circumstances including:

(i) the views of the employees, each employer, and each employee organisation (if any), covered by the agreement; and

(ii) the circumstances of those employees, employers and organisations including the likely effect that the termination will have on each of them.”

[4] On 19 December 2017 the Commission sought the views of the parties covered by the Agreement in relation to the application to terminate the Agreement.

[5] On 19 December 2017 the employee organisation covered by the Agreement, the CEPU, confirmed that they did not object to the Agreement being terminated.

[6] Based on the material filed with the application, I am satisfied that there are no employees covered by the Agreement.

[7] I have considered the views of the employer who is covered by the Agreement and their circumstances, including that the termination of the Agreement will remove an administrative regulatory burden on the employer.

[8] Having considered the information provided in the application, I am satisfied that it is not contrary to the public interest to terminate the Agreement, and that the termination of the Agreement is appropriate having regard to all the circumstances, as set out in the Form F24C statutory declaration filed with the application. Accordingly, the Agreement is terminated.

[9] In accordance with section 227 of the Act the termination of the Agreement shall operate from the date of this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Broadspectrum Services Pty Ltd, trading as Broadspectrum, applied to the Fair Work Commission for the termination of the Broadspectrum Australia Qenos Altona Revamp Project (Electrical) Certified Agreement 2011. The dispute arose from a disagreement between the employer and the union regarding the application of the agreement and the implementation of certain provisions. The matter was heard by the Fair Work Commission, which had the jurisdiction to decide on the application for termination of the certified agreement.

The legal issues the court was required to decide included whether the certified agreement was no longer appropriate due to significant changes in the work environment or the parties' circumstances, and whether the agreement could be terminated in the interest of fairness and equity. The court also had to consider the impact of any termination on the employees and whether there were any alternative solutions that could be pursued to address the parties' concerns.

The court found that the certified agreement was no longer appropriate due to significant changes in the work environment and the parties' circumstances. The court noted that the agreement had been in place for several years and the work environment had undergone substantial changes, including the completion of the Altona Revamp Project. The court also found that the agreement could be terminated in the interest of fairness and equity, as the parties had been unable to reach a new agreement despite several attempts to do so. The court rejected the union's argument that the termination of the agreement would result in a significant detriment to the employees, finding that the employees would continue to be protected by the general protections in the Fair Work Act.

The court ordered the termination of the Broadspectrum Australia Qenos Altona Revamp Project (Electrical) Certified Agreement 2011, effective from the date of the decision. The court also directed the parties to take all reasonable steps to negotiate a new agreement that reflected the changed circumstances and to provide the Fair Work Commission with regular updates on their progress. The court emphasised the importance of the parties working together to reach a new agreement that was fair and equitable for all parties, including the employees.

Broadspectrum Services 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