ENTERPRISE AGREEMENTS – genuinely agree – s.185, 186 Fair Work Act 2009 – application by Broadspectrum (Australia) P/L t/a Broadspectrum for approval of single enterprise agreement, JBU Enterprise Agreement 2016 (Agreement) – Agreement initially approved by Commission [[2016] FWCA 8209] – United Voice opposed approval of Agreement on basis that group of employees covered by Agreement was not fairly chosen and Agreement had not been genuinely agreed to – subsequently appealed decision to approve Agreement – Full Bench quashed decision to approve agreement and referred application for approval back to Commission as currently constituted for determination [[2016] FWCFB 871] – Full Bench granted permission to appeal and upheld appeal on procedural fairness grounds – Broadspectrum submitted Commission should conclude that all four employees were employees to whom the classifications and Agreement applied – further submitted that United Voice’s contention that employees’ work was not correctional work because CS&CS contract was not in place was not consistent with Carpenter – submitted that although none of the four employees were involved in prisoner transport or welfare at time of engagement it was not enough to conclude that none of them had been engaged to perform correctional work that fell within one of the classification descriptors set out in Corrections and Detention (Private Sector) Award 2010 (Corrections Award) – however, if work performed by the four employees did not come within classification descriptions of Corrections Award then they qualified for coverage under the Clerks – Private Sector Award 2010 (Clerks Award) – United Voice submitted that Commission should not approve Agreement because of concerns as to whether it had been genuinely agreed to per s.186(2)(a) of the FW Act – ALDI considered – Commission found comparison of evidence regarding work undertaken by the four employees and classification descriptors in Corrections Awards indicated that work performed by the four employees at time Agreement was made bore little resemblance to classification descriptors contained in the Awards – Carpenter considered – Commission held Agreement not genuinely agreed to as required by s.186(2)(a) on basis that the employees who made Agreement were not covered by it at the time it was made – held could not be approved – application dismissed. JBU Enterprise Agreement 2016
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