Bourke Air Pty Ltd

[2022] FWCA 1857

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bourke Air Pty Ltd

(AG2022/1683)

Bourke Air Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2022 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 JUNE 2022

Application for approval of the Bourke Air Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2022 - 2023

Bourke Air Pty Ltd has made an application for approval of an enterprise agreement known as the Bourke Air Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2022 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on its declaration, I note that the Agreement covers the CEPU.

The Agreement was approved on 7 June 2022 and, in accordance with s 54, will operate from 14 June 2022. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Bourke Air Pty Ltd and CEPU - Plumbing Division Victorian Branch, with the dispute centering around the approval of an enterprise agreement for the years 2022 to 2023. The Commission was tasked with determining whether the proposed agreement met the statutory requirements for approval, including compliance with the Fair Work Act 2009.

The legal issues at the heart of the case revolved around whether the enterprise agreement provided adequate protections for employees, ensuring that it did not disadvantage workers, and that it was made in good faith. The Commission also needed to assess if the agreement met the criteria for being a "single, integrated, and legally enforceable document" as required by the Act.

In its decision, the Commission examined the provisions of the proposed agreement, considering factors such as pay rates, hours of work, and other conditions. The Commission concluded that the agreement contained provisions that were consistent with the statutory requirements, and that it did not disadvantage employees. The Commission found that the agreement was made in good faith and met the criteria for being a single, integrated, and legally enforceable document.

Accordingly, the Commission approved the Bourke Air Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2022 - 2023. This decision signifies that the enterprise agreement is now legally binding on the parties and enforceable under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established